Posts marked "Permitting"

On June 20, 2018, the New York State Department of Environmental Conservation (“DEC”) released two draft flood risk management guidance documents intended to advise New York state agencies on how to incorporate the consideration of future climate risks, including risks of sea-level rise, storm surge, and flooding, into existing regulatory processes. The non-binding guidance is … Read Post


For the first time, the City of New York has proposed a Stormwater Management Program (SWMP) to describe how the City will satisfy the requirements of its SPDES Municipal Separate Storm Sewer System (MS4) Permit.  This means that, as soon as this fall, certain large construction projects in the City will need City Department of … Read Post


On August 15th, 2017, President Trump issued an Executive Order intended to hasten the approval of infrastructure projects by streamlining and reducing the duration of the environmental review and permitting process.   The Order – which applies to transportation, energy production and transmission, broadband internet, water treatment, and other infrastructure projects – authorizes the White House … Read Post


On June 21, the New York State Senate passed by a 61-to-1 vote a bill allowing state authorities to consider environmental impacts in reviewing permit applications for the operation of petroleum-bearing vessels on the Hudson River.  It now awaits Governor Andrew Cuomo’s signature after being passed by a similar bipartisan margin in the New York … Read Post


Earlier this month, New York Governor Andrew Cuomo’s administration released its Methane Reduction Plan (the “Plan”), setting forth 25 priority actions to reduce methane emissions as part of New York State’s efforts to reduce greenhouse gas emissions 40% by 2030 and 80% by 2050, as compared to 1990 levels. While the State continues its efforts … Read Post


In a decision dated January 20, 2017, Hon. Lisa M. Fisher of the New York Supreme Court, Albany County, dismissed in its entirety litigation challenging the legality of the permit that the New York State Department of Environmental Conservation (“DEC”) issued for the Pier 55 project in Hudson River Park.  The project, currently in construction, … Read Post


The New York State Department of Environmental Conservation (“DEC”) recently issued a revised proposed regulation projecting sea-level rise for three geographic regions of the state:  Long Island, New York City/Lower Hudson, and Mid-Hudson.  This action implements the Community Risk and Resiliency Act (“CRRA”), a statute enacted in 2014 that requires consideration of climate change impacts … Read Post


Last March, the New York State Department of Environmental Conservation (“DEC”) proposed significant changes to New York State’s solid waste management regulations, set forth in 6 N.Y.C.R.R. Part 360 et seq. Among the proposed amendments, DEC included a section addressing the reuse of historic fill and another section that modifies the process for obtaining Beneficial … Read Post


On Monday, April 25, 2016, the U.S. Army Corps of Engineers (“the Corps”) issued the final permit needed to begin construction on the innovative “Pier 55” project that will replace Pier 54 in Hudson River Park (“the Project”). Sive, Paget & Riesel (“SPR”) represented the Hudson River Park Trust (“the Trust”) in securing the required … Read Post


On June 1, 2015, the New Jersey Department of Environmental Protection (“NJ DEP”) published proposed amendments to the rules implementing the Flood Hazard Area Control Act (“FHACA”), continuing a trend toward self-certification in environmental programs. In its press release, NJ DEP explains that the proposed amendments will “reduce complexity, correct conflicting regulations, and streamline the … Read Post