Posts by Kayley McGrath
Energy Community Guidance for Brownfields under the Inflation Reduction Act
The Internal Revenue Service (IRS) and the Treasury Department released guidance last month on the bonus credit available for certain production and investment tax credits issued to qualified projects located in “energy communities” pursuant to the Inflation Reduction Act of 2022 (IRA). The IRA allows taxpayers to deduct a percentage of the cost of eligible…
Read MoreRecent Developments in PFAS Regulation
The regulation of per- and poly-fluoroalkyl substances (PFAS) continues to rapidly evolve at the New York State and federal levels. As further detailed in SPR’s prior blog post on this issue, PFAS are a family of chemical compounds with unique properties allowing them to withstand extreme temperatures, resist degradation, stains, and grease, and adopt nonstick…
Read MoreGovernor Hochul Approves Environmental Justice Amendments to SEQRA
On December 30, 2022, Governor Hochul approved a bill passed by the New York State Legislature (S8830/A2103-D), which incorporates environmental justice concerns into the State Environmental Quality Review Act (SEQRA) review process and the New York State Department of Environmental Conservation’s (NYSDEC) state permit approval process. Governor Hochul’s approval of the law is subject to…
Read MoreChallenge to Landmarks Preservation Commission Approval of Brooklyn Development Dismissed
On January 12, 2023, Justice Ingrid Joseph, New York State Supreme Court, Kings County, dismissed a petition seeking to halt a residential development in Crown Heights, Brooklyn. In Sterling Place BK-NY Block Association Inc., et al. v. City of New York, et al. (Kings County Index No. 510458/2022), petitioners—neighbors of the development—challenged the New York…
Read MorePFAS Litigation Update: Court Denies Summary Judgment to AFFF Manufacturers
On September 16, 2022, Judge Richard M. Gergel of the U.S. District Court of South Carolina denied aqueous film forming foams (AFFF) manufacturers’ motion for summary judgment based on the government contractor indemnity defense in a multi-district litigation (MDL) currently pending against 3M Company, Tyco Fire Products LP, Chemguard Inc., National Foam, Inc., Buckeye Fire…
Read MoreNew York Seeks to Procure Minimum of 2,000 MW in Third Offshore Wind Solicitation
On July 27, 2022, Gov. Kathy Hochul announced the New York State Energy Research and Development Authority’s (NYSERDA’s) third competitive offshore wind solicitation seeking to procure ORECs (offshore wind renewable energy credits) for at least 2,000 megawatts (MW) of offshore wind energy—enough to power at least 1.5 million New York homes. New York currently has…
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