Development And Land Use
ASTM Publishes New Phase I Environmental Site Assessment Standard
In November 2021, ASTM International published the new Phase I environmental site assessment standard, denominated E1527-21, to replace to prior E1527-13 standard that has been in use for the past eight years. The new standard provides clarity and guidance on the best practices for preparing Phase I reports, which identify environmental conditions on properties…
Local Law 97 Carbon Trading Feasibility Study Published
The carbon trading feasibility study required by NYC Local Law 97 of 2019 (Local Law 97) has been published by NYU’s Guarini Center on Environmental, Energy & Land Use Law, in consultation with the New York City Mayor’s Office of Climate & Sustainability, among others. Local Law 97 requires that most buildings in NYC…
City Issues New Local Law 97 Affordable Housing Guidance
New York City issued new guidance on compliance with Local Law 97 of 2019 (Local Law 97), as amended, for affordable housing and extended the compliance deadline for some types of rent regulated buildings. Local Law 97 requires most buildings over 25,000 square feet to meet progressively stringent greenhouse gas emissions (GHG) limits or to…
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…
Court 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…
New 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…
Major Milestones Reached for Important Port Authority Projects
SPR has advised the Port Authority of New York and New Jersey (PANYNJ) with respect to the environmental impact review of two recently authorized major infrastructure projects. Both projects will play a critical part in the economic recovery and continued vitality of New York City. On May 28, 2021, the Federal Railroad Administration issued a long-awaited…
Appellate 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…
U.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…
NYC Department of Buildings Issues New Guidance on Local Law 97 Adjustment Applications
On Friday April 9, the New York City Department of Buildings (DOB) issued its first Local Law 97 Adjustments Application Filing Guide. DOB began accepting adjustment applications on April 12, 2021 via its DOB NOW: Safety website. Local Law 97 of 2019 (LL97) requires most New York City buildings over 25,000 square feet to meet…