Litigation
New York Court Denies Challenge to Affordable and Market-Rate Residential Development Bordering Brooklyn Bridge Park
By: Jonathan Kalmuss-Katz On February 15, 2018, a New York State Supreme Court Justice dismissed a challenge to the development of two residential buildings upland from Pier 6 in Brooklyn Bridge Park (the “Pier 6 Development”), affirming the Brooklyn Bridge Park Corporation’s (“BBP”) approval of a project that will generate necessary revenues for the Park’s…
Reviving a Clean Energy Agenda, New Jersey Sets an Ambitious Wind Energy Goal
On January 31, 2018, New Jersey Governor Phil Murphy signed an executive order setting the state on track to develop 3,500 megawatts (“MW”) of offshore wind power by 2030. This target is among the most ambitious in the country and has the potential to power 1.5 million homes. This order follows New York’s recent issuance…
Daniel Riesel and Pamela Esterman to Chair Upcoming Environmental Law Conference
On February 9-10, 2018, SPR principals Daniel Riesel and Pamela Esterman will co-chair the 48th annual ALI CLE Environmental Law Course in Washington, DC. The course, which is co-sponsored by ALI CLE and the Environmental Law Institute, will feature advanced-level presentations by senior public officials, distinguished law professors, seasoned private practitioners, and experienced public interest…
New York State Offshore Wind Master Plan is Released
Today, New York State Governor Andrew M. Cuomo unveiled the New York State Offshore Wind Master Plan: Charting a Course to 2,400 Megawatts of Offshore Wind Energy. On behalf of the State, the New York State Energy Research and Development Authority (“NYSERDA”) oversaw the preparation of the Master Plan and its 20 supporting studies. The…
New York State and City Pension Funds Will Divest from Fossil Fuel Companies
New York Governor Andrew Cuomo and New York Mayor Bill de Blasio have both recently made significant climate change-related announcements: the State’s and City’s pension funds will divest billions of dollars from fossil fuel companies. These actions support state and local goals of reducing statewide greenhouse gas emissions 40% by 2030 and meeting the Paris Agreement…
Breaking: Payment of BCP, solar, low-income housing and other tax credits may be delayed
Governor Andrew Cuomo unveiled the details this week of a $168 billion proposed budget for FY 2019. In light of a potential budget deficit that could approach $4 billion, certain tax law changes are proposed. In recent years the proposed budget has been acted on by the Legislature and Governor before April 1st. Among the…
Appellate Court Upholds Dismissal of Suit Against Brooklyn Bridge Park Corporation
By: Jonathan Kalmuss-Katz On December 27, 2017, a New York appellate court unanimously upheld the dismissal of a challenge to the mixed-use Pierhouse development bordering Pier 1 in Brooklyn Bridge Park, ruling that the suit was barred by the governing four-month statute of limitations. Sive, Paget & Riesel P.C. represented Empire State Development; the Brooklyn…
New Jersey Establishes Stringent Drinking Water Standards for Emerging Contaminants
New Jersey recently announced the nation’s first binding limits for certain perfluorinated and polyfluoroalkyl substances (“PFASs”) in drinking water, establishing stringent standards for the treatment of those emerging contaminants. While seldom used today, PFASs were historically used in a diverse array of processes and products, including coatings for textiles, stain and grease repellants, electroplating and…
SPR to Host Workshop and Free Webinar on New York E-Waste Law
By: Jonathan Kalmuss-Katz On Wednesday, November 15 at 9:00 a.m., Sive, Paget & Riesel will host Manufacturer Obligations Under New York’s E-Waste Law, a live workshop. The event, which will also be webcast by the Environmental Law Institute (ELI), will feature presentations by SPR associate Maggie Macdonald as well as by representatives of ELI and…
DEC Challenges FERC’s Decision to Undercut Its Water Quality Certification Denial for Millennium Pipeline Project
In an October 13, 2017 letter, the New York State Department of Environmental Conservation (“DEC”) challenged the Federal Energy Regulatory Commission’s (“FERC”) decision that, by failing to act, DEC had waived its authority to issue a Clean Water Act water quality certification for Millennium Pipeline Company LLC’s (“Millennium”) proposed Valley Lateral Project, a 7.8-mile natural…