Posts by Melissa Golding
Zoning and SEQRA Challenges to Large Scale Development Project Dismissed for Lack of Standing
On November 4, 2021, Justice St. George of the New York State Supreme Court issued two identical decisions denying standing to the Long Island Pine Barrens Society, the Group for the East End, a NYS Assembly member, and various property owners who had collectively commenced a pair of proceedings challenging the approval of a residential…
Read MoreCourt Dismisses Challenge to ORES Regulations for Large-Scale Renewables
On October 7, 2021, the Supreme Court, Albany County, dismissed a challenge that sought to vacate the final regulations promulgated in March 2021 by the Office of Renewable Energy Siting (ORES) pursuant to Executive Law § 94-c. The regulations create new streamlined procedures for the siting of large-scale renewable energy projects in New York. The…
Read MoreNew Model High-Performance Lease Helps Unlock NYC’s Ambitious Climate Goals
In August 2021, the Institute for Market Transformation, with pro bono assistance from SPR, released a model high-performance lease that will provide critical assistance for commercial building owners and tenants seeking to advance building decarbonization and comply with NYC Local Law 97. A “high-performance lease” is a commercial lease that contains provisions that mandate…
Read MoreAppellate Division Dismisses SEQRA Challenge to Capital Region Multi-Use Development, Unanimously Reversing Lower Court
In a unanimous reversal of a decision that stalled a multi-family residential development and proposed Costco outlet in Guilderland, New York, on the border of Albany, the Appellate Division, Third Department reversed in all respects the Albany County Supreme Court’s holding that the Town of Guilderland Planning Board’s Environmental Impact Statement (“EIS”) was deficient. Peter…
Read MoreU.S. Supreme Court Clarifies Scope of CERCLA Contribution Claims by Settling Parties
On May 24, 2021, the United States Supreme Court ruled in Territory of Guam v. United States that a party’s claim for contribution under Section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9613(f)(3)(B), and therefore the commencement of the limitations period for such a claim, requires resolution specifically of…
Read MoreEnvironmental Insurance Coverage and COVID-19
As many businesses face closures pursuant to governmental directives designed to combat the spread of COVID-19, such closures may trigger claims under property and comprehensive general liability policies. Companies that have purchased pollution legal liability (PLL) insurance also should examine whether their PLL policies provide coverage for business interruption and other losses arising from COVID-19. …
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