Climate Change and Resiliency - Sive Paget Riesel

SPR’s work across practice areas is not only affected by climate change—it is often a direct response to climate change. SPR is advising governmental agencies on the environmental impact review and permitting of several large-scale resiliency projects throughout Lower Manhattan to strengthen New York City’s defenses to storm surge, sea level rise and other foreseeable climate change-related impacts. SPR also represents the Metropolitan Transportation Authority (MTA) in the legal defense of New York City’s congestion pricing program to reduce traffic and greenhouse gas emissions, and supported the program’s environmental impact review.

SPR regularly assists clients with integrating climate risk, decarbonization, and resiliency considerations—and related costs and liabilities—throughout the lifecycle of their real estate projects. Greenhouse gas emissions, energy and water use, vulnerability to sea level rise and other climate impacts are relevant throughout the real estate lifecycle, from due diligence and acquisition/leasing; through design, environmental review, and permitting; to construction and operations. Buyers, sellers, lessees, property managers, lenders, shareholders, and insurers all have a stake in these considerations, made all the more tangible with building emissions standards like NYC’s Local Law 97, SEC disclosure requirements, and corporate ESG goals.

SPR’s long-standing experience with environmental issues in real estate—paired with SPR’s early and active work on building decarbonization and resiliency—situate the firm as a skilled and knowledgeable advisor on climate risk and building sustainability planning and compliance. SPR provides actionable, strategic advice on waterfront planning for flood zones, building energy efficiency, and decarbonization, as well as detailed support for waterfront permitting, building code compliance, energy audits, green leases, penalty mitigation and defense, and the like.

These services are complemented by SPR’s expertise in transactional due diligence, environmental impact review and permitting, construction, and renewable energy development and project finance.

Battery Park City Authority – Resiliency Projects

Location: Lower Manhattan, NY

Battery Park City Authority is currently pursuing two resiliency projects – the South Battery Park Coastal Resiliency (SBPCR) Project and the North/West Battery Park Coastal Resiliency (NWBPCR) Project. The projects will protect Battery Park City and adjacent areas of Lower Manhattan from a 100-year storm. SPR advised BPCA with respect to the environmental impact review, permitting and approvals for the SBPCR Project and successfully defended a legal challenge to the sufficiency of the environmental review. That Project is currently under construction. SPR is currently advising BPCA with respect to the environmental impact review, permitting and approvals for the NWBPCR Project.

Bronx Point

Location: Bronx, NY

SPR is representing the development team selected by the City of New York to remediate a long- underused waterfront property, expand and modernize the existing Mill Pond Park, construct new affordable housing and build the Nation’s first brick-and-mortar Hip Hop Museum. SPR is advising as to the remediation of the site under the New York State Brownfield Program and as to state and federal environmental permitting.

Cape Cod Offshore Wind Farm

Location: Cape Cod, Massachusetts

SPR performed due diligence on behalf of a potential investor in the proposed Cape Wind offshore wind farm, located off Cape Cod, Massachusetts. The work involved review of the project EIS and analysis of permitting requirements under the Outer Continental Shelf Lands Act, Clean Water Act, Clean Air Act, Rivers and Harbors Act, Migratory Bird Treaty Act, and Endangered Species Acts.

Equinor Wind – Empire Wind Offshore Wind Projects

Location: Long Island, NY

SPR represents Equinor Wind US in the local and state permitting and development, and aspects of federal permitting, for the Empire Wind 1 and the Empire Wind 2 offshore wind projects that will supply New York State with over 2 gigawatts of renewable energy, power 1 million homes, and provide billions of dollars of economic benefits to the State. The projects also are expected to provide tens of millions of dollars in investments in long-term port facilities, related infrastructure, and new technologies. Together, these offshore wind projects will help the State meet the renewable energy and offshore wind capacity mandates set forth in NY’s Climate Leadership and Community Protection Act, diversify NY’s energy portfolio, and reduce greenhouse gas emissions. SPR assisted Equinor acquire various properties that will support its offshore wind projects, and helps navigate the remediation of those properties thorough the Brownfield Cleanup Program. The Firm also advises Equinor on parkland alienation and conversion issues, on the development of an offshore wind port in New York City that will service Equinor’s offshore wind projects and house the onshore substation for the Empire Wind 1 project, on other required local approvals and land rights, on contractor procurement, and on diligence for private finance relating to environmental permitting and litigation risk. SPR assisted Equinor on the development of the Beacon Wind 1 offshore wind project until early 2024, when Equinor transferred its interest in that project to another offshore wind developer.

Financial District Seaport Resiliency

Location: New York, NY

SPR represents the NYC Economic Development Corporation with respect to the Financial District and Seaport Climate Resilience Master Plan, which is part of the New York City’s Lower Manhattan Coastal Resiliency Project, an unprecedented integrated coastal protection initiative aimed at reducing flood risk due to coastal storms and sea level rise in Lower Manhattan. The Master Plan will set forth a phased approach to implementing coastal resiliency measures in the most low-lying and complex reach of Lower Manhattan. The Firm is environmental counsel on the environmental impact review and permitting for the Master Plan.

Greenpoint Landing

Location: Brooklyn, NY

SPR represents the developer of this 27-acre Brooklyn site fronting on the junction of the East River and Newtown Creek for mixed-use. A portion of the project has already been developed with affordable housing; when complete, the project will include extensive affordable housing, a school, retail and open space, with a new waterfront esplanade. The Firm assisted in the due diligence conducted prior to acquisition of the site, and represented the developer in obtaining NYSDEC tidal wetlands and protections of water permits and a water quality certificate, as well as an individual ACOE permit for the rehabilitation of the shoreline and the construction of a ferry terminal and new pier. The Firm also represents the developer with respect to the Brownfield Cleanup Program for a portion of the site, and the City OER for other portions of the site.

NYSERDA – Offshore Wind

Location: New York

SPR advises NYSERDA on the various initiatives to facilitate New York State’s offshore wind program. SPR played a significant role in the development of the New York State Offshore Wind Master Plan, the first such plan in the nation, along with its 21 supporting environmental and infrastructure studies. SPR also oversaw the preparation of the environmental review required for the State’s first procurement of Offshore Renewable Energy Credits.

Redevelopment of Former Domino Sugar Factory

Location: Brooklyn, NY

The firm represents The Refinery, LLC, the developer of the former Domino Sugar facility on the East River in Brooklyn, with regard to waterfront permitting. The proposed development involves construction of new buildings that will include up to 120,000 gross square feet (gsf) of retail/commercial space, up to 100,000 gsf of community facility use, and up to 2,400 residential units (2.64 million gsf). Thirty percent of the units will be offered as affordable housing. In addition, the project includes development of approximately 4.1 acres of public open space including an approximately 1-acre lawn at the center of the site and a waterfront esplanade along the East River.

Two Trees River Ring Project

Location: Brooklyn, NY

Two Trees Management, working with world-renowned Bjarke Ingels Group and James Corner Field Operations, has obtained master plan approval for The River Ring --a groundbreaking development on the Williamsburg waterfront that will create a new model for urban waterfront resiliency and transform the way New Yorkers interact with the water. River Ring is repurposing a former Con Edison industrial site for much-needed housing and completing a continuous public waterfront in North Brooklyn. The plan is anchored by a first-of-its-kind protected public beach and in-water park that will also insulate the inland community from flooding. SPR has successfully worked on all aspects of this project from the environmental due diligence, real estate transaction, through the ULURP approvals, environmental permitting and subsequent failed legal challenge to the rezoning.

“Renewable Rikers: Examining Current Plans to Repurpose and Revitalize Rikers Island”

For: The New York Environmental Lawyer, New York State Bar Association

October 2023 | Written by Kayley McGrath (Melanie Calero and Eva Schneider)

“Local Law 97’s ‘Mediated Resolution’ Clause Gives Too Much Leeway for Exemptions, Lawyers Say”

For: City Limits Article by Mariana Simões

February 2024 | Contributor Alexis Saba

“An Update on Local Law 97 and the State of Climate Law in New York”

For: New York State Bar Association

January 16, 2024 | Presented by Alexis Saba

“High Performance Leases: A Solution for Reducing Carbon Emissions in Commercial Buildings”

For: Environmental Law in New York

June 2021 | Written by Meg Holden, Jeffrey B. Gracer (and Audi Banny, Stuart Kaplan & Stephanie Margolis)

“Climate Change and the Biden Energy Agenda”

For: Practicing Law Institute, Environmental Regulation in Practice 2021: New Challenges and Priorities

September 17, 2021 | Co-Presented by Katherine Ghilain Trudell (with Stacey Bosshardt and Rick R. Rothman)

The No Interruptions Podcast – Climate Change Initiatives

For: Mike Gallagher Podcast

July 2023 | Podcast Guest Adam Stolorow

“The Law of Climate Change in Canada”

Article Title: Chapter 18 “United States;" Chapter 19 “North American and Global Integration of Carbon Control Markets;" Chapter 20 “Private Sector Climate Action”

2023 | Written by Maggie Macdonald and Jeffrey B. Gracer

“Environmental Aspects of Energy Development”

For: ALI Environmental Law Conference

2021 | Presented by Jennifer Coghlan

“Local Law 154 Pulls the Plug on Fossil Fuels in New Buildings: Is New York City Ready for Its All-Electric Future?”

For: 33 Environmental Law in New York 169

October 2022 | Written by Adam Stolorow (and Evan Preminger)

“Climate Mobilization Act Series: The IRA Meets New York”

For: Building Energy Exchange (panelist)

January 24, 2023 | Panelist Alexis Saba

“An Update on County of Maui v. Hawaii Wildlife Fund”

For: American Water Works Association Journal

October 2022 | Written by Maggie Macdonald (and Kelly Coulon, Roux Associates)

“NYC’s Climate Mobilization Act – Practical Implications and Updates Nearly One Month Away From The First Deadline”

For: St. John’s University School of Law (panelist)

May 2021 | Presented by Alexis Saba

“Applying for LL97 Adjustments”

For: Building Energy Exchange (panelist)

May 2021 | Presented by Alexis Saba

“Preparing for Carbon Emission Limits under NYC Local Law 97”

For: HalfMoon Education, Inc. (panelist)

January 2021 | Panelist Alexis Saba

“The Lawyer’s Role in an Environmental Crisis”

For: ALICLE, Moderator

2021 | Moderator Pamela Esterman

“Maximizing Property Values Through Onsite Solar”

For: Fall 2020 Webinar Series with SPR and Crauderueff Solar (panelist)

November 2020 | Panelist Alexis Saba

“NYC’s Climate Mobilization Act – Practical Implications with Less Than Nine Months to the First Deadlines”

For: New York State Bar Association, Environment and Energy Law Section Fall Meeting

October 2020 | Panelist Alexis Saba

“Landlord & Tenant Cooperation for Energy Efficiency” (Local Law 97)

For: IFMA NYC and CoreNet Global NYC,

August 2020 | Panelist Adam Stolorow

“Environmental Racism and the Path to a Sustainable New York City”

For: Sick Empire Podcast Guest

June 2020 | Presented by Adam Stolorow

“OK, Climate Change: Generations Unite to Take Action”

For: CIRKLE

December 2019 | Moderator Adam Stolorow

“Optimizing Your New Roof’s Value: Local Law 92/94 Opportunities”

For: Webinar Hosted by SPR and Crauderueff Solar

April 2020 | Panelist Alexis Saba

“Local Law 97 – Legal, Technical and Financial Risks Uncovered”

For: Seminar Hosted by SPR and RENEW Energy Partners (panelist)

March 2020 | Panelist Alexis Saba

“Climate Change Legislation, Environmental Law 2020”

For: American Law Institute

February 2020 | Presented by Jeffrey B. Gracer

“Local Law and Decarbonization, Conference on Climate Disruption and Decarbonization”

For: American Bar Association

February 2020 | Presented by Jeffrey B. Gracer

“Climate Migration and Health System Preparedness in the United States”

For: Climate Policy

2020 | Written by Nika Sabasteanski

“Navigating Urban Waterway Development”

For: Center for Creative Land Recycling

2019 | Presented by Michael Bogin

“NYC Laws and Leases: What Can Be Done to Protect Tenants” (Local Law 97)

For: International Facility Management Association

November 2019 | Presented by Adam Stolorow

“WISE Tackles the Climate Mobilization Act,” Panelist

For: Building Energy Exchange panel (panelist)

October 2019

“Landlord-Tenant Collaboration: Key Strategies for Whole Building Energy and Emissions Performance”

For: Climate Week NYC (with the Institute for Market Transformation and the Building Energy Exchange)

September 2019 | Presented by Jeffrey B. Gracer

“Climate Migrants Within the U.S. Will Need a Strong Health System”

For: Scientific American: Observations

August 26, 2019 | Written by Nika Sabasteanski

“SPR Attorneys Explain the NYC Buildings Emissions Law”

For: SPR Webinar

August 2019 | Co-Presented by Jeffrey B. Gracer and Alexis Saba

“Highlights of NYC’s Building Emissions Law”

For: Environmental Law Network Webinar

August 2019 | Presented by Adam Stolorow

“The Climate Mobilization Act – How It Affects You (And How PACE Can Help)”

For: Duval & Stachenfeld LLP Panel

July 2019 | Panelist Alexis Saba

“How NYC Building Owners Will Cash In on the New Environmental Standards”

For: Queens Chamber of Commerce panelist on NYC Local Law 97

July 2019 | Presented by Adam Stolorow

“Looking Forward and Looking Back: The Path to Deep Emissions Reductions in New York City’s Buildings”

For: New York City Bar Association panel (moderator)

May 2019 | Moderator Alexis Saba

“The Paris Agreement on Climate Change”

For: Legal Talk Network Podcast

2017 | Podcast Guest Jeffrey B. Gracer

“Strategic Risk Update: Climate & Sustainability”

For: Conference Board

2016 | Presented by Jeffrey B. Gracer

“Renewable Energy: Law, Politics & Practice”

For: Lawline.com, Webcast

February 19, 2016 | Presented by John-Patrick Curran

“Waterfront Redevelopment and Resilience: Natural Resources, Regulatory Changes, and Future Physical Climate Risks”

For: New York State Bar Association Environment and Energy Law Section

January 30, 2015 | Presented by Christine Leas

“Green Buildings: Law and Practices”

For: Practical Law Journal

November 2014 | Written by Dan Chorost and Maggie Macdonald

“A Contingency of First Resort: Policy Lessons for Greenhouse Gas Regulation Through Backstop Contingency Measures under Section 111 of the Clean Air Act”

For: 27 Geo. Envtl. L. Rev. 121

2014 | Written by Kayley McGrath

“Combined Heat and Power’s Potential to Meet New York City’s Sustainability Goals”

For: Energy Policy, vol. 65(C), 444–454

2014 | Written by Alexis Saba et al. (and Bianca Howard)

“Flood Zones: Where Does Your Property Stand in Our Post-Sandy State?”

For: Real Estate Board of New York’s (REBNY), Panelist

September 2013 | Panelist Michael Bogin

“Recovery and Rebuilding After Superstorm Sandy—Legal Perspectives”

For: Hofstra University School of Law

April 2013 | Co-Chair & Panelist Michael Bogin

“Getting Ahead of the Curve: Supporting Adaptation to Long-term Climate Change and Short-term Climate Variability Alike”

For: Carbon and Climate Law Review, 7(1), 3–23;

2013 | Written by Alexis Saba (and Michael Biasutti et al.)

“Renewable Energy; Ethics in the Practice of Law; and Environmental Law,” Presenter

For: NYS Bar Association CLE speaker

2010-2011 | Presented by Scott Furman

“Greening the Yellow Taxi Fleet”

For: City University of New York

November 2010 | Presented by Adam Stolorow

“Climate Change Litigation”

For: Environmental Law Institute

2010 | Presented by Jeffrey B. Gracer