Permitting and Litigation for Private Commercial Developments
CERCLA Claims and Statute of Limitation Issues: An Analysis
The remediation of decades-old hazardous waste sites has increasingly prompted defendants in CERCLA cases to assert the statute of limitations as a defense, revealing two inflection points that the CERCLA practitioner must navigate. The first is whether a party has asserted a cost-recovery claim under CERCLA Section 107(a) or a contribution claim under Section 113(f). …
ORES Issues Final Regulations for Streamlining Siting, Permitting, and Development of Large-Scale Renewables
On March 3, 2021, New York State’s newly formed Office of Renewable Energy Siting (“ORES”) issued final regulations for streamlining the siting, permitting, and development of large-scale renewable energy projects in the State. The regulations were promulgated pursuant to the Accelerated Renewable Energy Growth and Community Benefit Act and reflect the goals of the Climate Leadership…
NYC Council Speaker Corey Johnson Introduces Proposal to Transform Land Use Planning
At the New York City Council’s last meeting of 2020, City Council Speaker Corey Johnson introduced proposed legislation that would, if passed, overhaul New York City’s land use planning framework. The legislation, accompanied by a report entitled Planning Together: A New Comprehensive Planning Framework for New York City, would create a ten-year comprehensive planning cycle…
Army Corps Reissues Nationwide Permits, Dividing NWP 12 Into Three
On January 13, 2021, the U.S. Army Corps of Engineers (“Corps”) published a final rule reissuing and modifying twelve existing 2017 nationwide permits (“NWPs”) and creating four new NWPs. The rule goes into effect on March 15, 2021. Nationwide permits provide a streamlined process for the Corps to authorize activities under Section 404 of the…
Equinor Becomes Leading U.S. Offshore Wind Developer with 2,500 Megawatt Award from New York State
In his January 13, 2021 State of the State address, Governor Andrew M. Cuomo announced that New York will contract with Equinor Wind US LLC (Equinor) for 2,490 megawatts (MW) of offshore wind energy, the largest combined procurement of offshore wind energy by a state in U.S. history. Governor Cuomo also announced plans to make…
New York State Issues Draft Value of Carbon Guidance for Comment
New York State’s Climate Leadership and Community Protection Act of 2019 (CLCPA) sets requirements and goals for statewide greenhouse gas emissions reductions, plans to achieve net zero emissions across the State’s economy, and renewables targets. In accordance with the CLCPA, the New York State Department of Conservation (NYSDEC), in consultation with the New York State…
New York City Council Passes Major Amendment to Local Law 97 Affordable Housing Provisions
On October 29, 2020, the New York City Council passed Int. No 1947-A—a bill that significantly amends the affordable housing provisions of Local Law 97 of 2019 to require more buildings to meet greenhouse gas emissions caps. Local Law 97 and the technical amendments in Local Law 147 of 2019 require most new and existing…
NYC Issues Proposed Property Assessed Clean Energy (PACE) Loan Regulations
In late October 2020, the New York City Department of Finance issued proposed regulations to implement a Property Assessed Clean Energy (“PACE”) loan program in NYC to provide targeted loans with favorable terms to building owners for installation of systems designed to reduce energy use and carbon emissions. The deadline to submit comments on the…
NYC Buildings Receive Their First Energy Efficiency Grades
On October 1, 2020, buildings over 25,000 square feet in New York City received their first energy efficiency grades from the City Department of Buildings (“DOB”). Buildings must post the grade “in a conspicuous location near each public entrance to such building” by October 30, 2020. Failure to do so will result in a fine…
Council on Environmental Quality’s New NEPA Regulations: An Analysis
On September 14, 2020, the Council on Environmental Quality’s (“CEQ”) Final Rule overhauling its regulations implementing the National Environmental Policy Act (“NEPA”) became effective. The Final Rule represents the first comprehensive revision of the NEPA regulations since their initial issuance in 1978, and introduces process-based and substantive changes to the NEPA regulations, codifies existing case law and…