Environmental Impact Review/Permitting

Location: Brooklyn, NY

SPR represented the Empire State Development Corporation, which was lead agency for the environmental review of Forest City Ratner Companies proposal to develop the Barclays Center, a new basketball arena for the Nets, along with a major mixed-use development, in downtown Brooklyn. SPR worked with the project team to prepare the Environmental Impact Statement for this project.

Location: Westchester County, NY

Sive, Paget & Riesel represented the New York State Thruway Authority, which together with the Metro North Railroad, a subsidiary of the Metropolitan Transportation Authority, undertook the Tappan Zee Bridge/I287 Corridor environmental review. This process addressed the possible replacement of the Tappan Zee Bridge. The Firm advised the Project Sponsors with regard to the environmental review of the proposal pursuant to both NEPA and SEQRA, as well as to environmental permitting and related requirements.

Location: New York, NY

The firm represents the Queens West Development Corporation (QWDC), a subsidiary of Empire State Development and a cooperative undertaking of the State of New York and the Port Authority of New York and New Jersey. QWDC has overseen the remediation and redevelopment of former industrial waterfront property along the East River in Long Island City, Queens. The project boundaries extend from the Anable Basin to 50th Avenue, west of 5th Street. SPR advised on the preparation of the EIS for the project, and successfully defended the EIS against a judicial challenge.  The Firm helped to structure and negotiate environmental liability risk management protections associated with the property acquisition, oversee contaminated soil remediation pursuant to the Voluntary and Brownfield Cleanup Programs, secure the necessary tidal wetlands permits and other regulatory approvals that authorized the construction of eleven residential buildings (over 4,600 housing units), over 170,000 square feet of retail amenities, public streets and utilities, two public schools and 13 acres of public parkland and recreational areas that has greatly enhanced the Long Island City community. The Firm also represented QWDC and a private developer in litigation to recover costs associated with certain aspects of remediation.

Location: Brooklyn, NY

On behalf of project developers, SPR obtained dismissal of claims in New York County Supreme Court brought under the State Environmental Quality Review Act to challenge the mixed-use City Point project in Downtown Brooklyn by community group and labor unions on statute of limitations and standing grounds.  SPR also advised the developer with respect to subsequent environmental review of project modifications.

Location: New York, NY

The firm advised the Empire State Development Corporation with respect to the preparation of an Environmental Impact Statement for the redevelopment of the site of a historic theater in Harlem with cultural uses, a hotel, and mixed income residential space.

Location: Staten Island, NY

SPR represented Muss Development Corporation with respect to a proposed large-scale residential development on Prince's Point, which borders Staten Island. Shortly after Muss purchased the property, it was discovered to be seriously contaminated with hazardous wastes from historic uses, resulting in its listing as an Inactive Hazardous Waste Disposal Site under the State Superfund Program. SPR provided legal advice pertaining to the remediation of the site, which took many years to complete, and successfully sued the prior owner for response costs under CERCLA.  SPR also provided representation concerning State Tidal and Freshwater Wetlands permitting and associated environmental issues. SPR subsequently advised the purchaser of the property in complying with overlapping requirements of permits and consent orders governing development.

Location: New York, NY

From its inception, SPR has served as environmental and litigation counsel to the Hudson River Park Trust on major proposed projects in Hudson River Park, most recently Little Island, Pier 57, and Gansevoort Peninsula. Little Island is a distinctive pier offering world-class recreation and performing arts events, with the support of a donation from the Diller/von Furstenberg Family Foundation – the largest gift to a public park in the history of New York State. Little Island was the subject of litigation in state and federal court for over two years, during which SPR successfully overcame a challenge to the Trust’s environmental review and a challenge to the permit issued by the DEC (as co-counsel with the State). SPR also helped the Trust obtain new permits after the donor terminated and then restarted the Project. Pier 57 was transformed from its original maritime use to an indoor/outdoor public space and food hall. SPR advised the Trust with respect to the preparation of an environmental impact statement for Pier 57 as well as obtaining environmental permits. The Gansevoort Peninsula is a public beach and passive recreation space that replaces a former sanitation facility. SPR advised on environmental permitting and represented the Trust in litigation challenging the Gansevoort Peninsula project.

Location: Staten Island, NY

SPR is environmental counsel to the developer of the proposed Arthur Kill Terminal, the first offshore wind pre-assembly port facility in New York State. SPR assisted in identifying and acquiring the project site and is shepherding the project through the state and federal permitting and approval processes. This Staten Island project is uniquely positioned to serve the offshore wind industry in the Mid-Atlantic and will form a hub for the development of an offshore wind supply chain. The project will reduce the cost of constructing and operating offshore wind projects, facilitate the realization of significant local economic benefits, create thousands of jobs, provide workforce development and training, and catalyze supply chain investments needed to support offshore wind projects throughout the United States.

Location: New York, NY

SPR represented the American Museum of Natural History with respect to the Richard Gilder Center for Science, Education and Innovation. An approximately 190,000 square-foot addition to the Museum, the Gilder Center houses new and modernized classrooms, stores and displays more of the Museum’s unparalleled collections, and provides innovative exhibition spaces. The firm represented the Museum during the preparation of the project’s Final Environmental Impact Statement and successfully defended the Project in New York State Supreme Court. The Appellate Division, First Department unanimously affirmed the Supreme Court’s decision. The Gilder Center opened in 2023.

Location: Bronx, NY

SPR represented the New York Yankees in connection with the development of the new Yankee stadium in the Bronx. The project also included the construction of additional parking facilities, and the creation of new parkland and recreational facilities at and in the immediate vicinity of the existing stadium, as well as along the Harlem River waterfront. The firm successfully defended the New York Yankees in the lawsuit that challenged the environmental review and parkland aspect of this project.

 

Location: Lower Manhattan, NY

Battery Park City Authority is currently pursuing two resiliency projects – the South Battery Park Coastal Resiliency (SBPCR) Project and the North/West Battery Park Coastal Resiliency (NWBPCR) Project. The projects will protect Battery Park City and adjacent areas of Lower Manhattan from a 100-year storm. SPR advised BPCA with respect to the environmental impact review, permitting and approvals for the SBPCR Project and successfully defended a legal challenge to the sufficiency of the environmental review. That Project is currently under construction. SPR is currently advising BPCA with respect to the environmental impact review, permitting and approvals for the NWBPCR Project.

Location: Sleepy Hollow, NY

SPR represents Lighthouse Landing Communities LLC, the developer of the former General Motors Assembly site in Sleepy Hollow. The Edge-on-Hudson development is a mixed-use project, including residential, commercial and open space uses on a 97-acre site former industrial property bordering the Hudson River. The Firm has advised the project with respect to acquisition of the land from General Motors and its participation in the Brownfield Cleanup Program through investigation and remediation of this former industrial site. In addition to the Brownfield work SPR also assisted with environmental permitting issues, especially those pertinent to shoreline development, as well as preparation of an Environmental Impact Statement.

Location: New York, NY

The Triborough Bridge and Tunnel Authority (TBTA), an affiliate of the MTA, along with the New York State and New York City Departments of Transportation (collectively, the Project Sponsors), have proposed the Central Business District Tolling Program (CBDTP) for Federal Highway Administration (FHWA) approval under the Value Pricing Pilot Program (VPPP). This proposal is the first in this country for congestion pricing in a city to reduce congestion (and, in this case, also to raise funds for MTA capital projects). In June 2023, a Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) for the proposed CBDTP was issued by FHWA in coordination with the Project Sponsors. SPR has counseled the MTA/TBTA in the development of the EA, including outreach, interfacing with federal, state, local and regional agencies, and advising with respect to various legal issues, as well as with respect to the VPPP. SPR is also representing the MTA/TBTA in nine federal litigations challenging the FONSI, including one brought by the State of New Jersey.  In one of those litigations, the Court for the U.S. District Court for the Southern District of New York issued an Opinion and Order on June 20, 2024, affirming the validity of the EA and FONSI.

Location: New York, NY

SPR represents the NYC Economic Development Corporation with respect to the Financial District and Seaport Climate Resilience Master Plan, which is part of the New York City’s Lower Manhattan Coastal Resiliency Project, an unprecedented integrated coastal protection initiative aimed at reducing flood risk due to coastal storms and sea level rise in Lower Manhattan. The Master Plan will set forth a phased approach to implementing coastal resiliency measures in the most low-lying and complex reach of Lower Manhattan. The Firm is environmental counsel on the environmental impact review and permitting for the Master Plan.

Location: New York, NY

SPR is advising the New York City Department of Transportation with respect to the environmental impact review of the BQE Central project pursuant to the National Environmental Policy Act, New York State Environmental Quality Review Act and City Environmental Quality Review, as well as the various federal, state and local permit and approvals that would be required. The BQE Central project will address structural and safety concerns along a 1.5-mile segment of the Brooklyn Queens Expressway, including the historic “triple cantilever”.

Location: New York and New Jersey

SPR is environmental counsel to Prologis on pre-acquisition due diligence, transaction negotiation and redevelopment of industrial logistics properties in New York and New Jersey. The firm also counsels Prologis on environmental remediation and regulatory compliance, including waterfront permitting and complex waterfront title issues.

Location: Brooklyn, NY

The firm represents The Refinery, LLC, the developer of the former Domino Sugar facility on the East River in Brooklyn, with regard to waterfront permitting. The proposed development involves construction of new buildings that will include up to 120,000 gross square feet (gsf) of retail/commercial space, up to 100,000 gsf of community facility use, and up to 2,400 residential units (2.64 million gsf). Thirty percent of the units will be offered as affordable housing. In addition, the project includes development of approximately 4.1 acres of public open space including an approximately 1-acre lawn at the center of the site and a waterfront esplanade along the East River.

Location: New York, New Jersey, Illinois, California, and Florida

SPR represents Thor Equities as environmental counsel on multiple acquisitions of industrial logistics properties in New York, New Jersey, Illinois, California and Florida. The firm also counsels Thor Equities on post acquisition environmental remediation and regulatory compliance issues in connection with redevelopment and management of its industrial logistics portfolio.

Location: Brooklyn, NY

Two Trees Management, working with world-renowned Bjarke Ingels Group and James Corner Field Operations, has obtained master plan approval for The River Ring --a groundbreaking development on the Williamsburg waterfront that will create a new model for urban waterfront resiliency and transform the way New Yorkers interact with the water. River Ring is repurposing a former Con Edison industrial site for much-needed housing and completing a continuous public waterfront in North Brooklyn. The plan is anchored by a first-of-its-kind protected public beach and in-water park that will also insulate the inland community from flooding. SPR has successfully worked on all aspects of this project from the environmental due diligence, real estate transaction, through the ULURP approvals, environmental permitting and subsequent failed legal challenge to the rezoning.

Location: Brooklyn, NY

The firm helped complete federal and state tidal wetlands permitting and the State Environmental Quality Review Act natural resources and hazardous material review, and obtained United State Environmental Protection Agency sign-off and State Brownfield Cleanup Program Certificate of Completion for the new Whole Foods site on 3rd Street and 3rd Avenue.

Location: Queens, NY

SPR was retained by the New York City Economic Development Corporation (EDC) to serve as environmental counsel for the preparation of a Generic Environmental Impact Statement for the City of New York's proposed redevelopment of a 61 acre parcel in Willets Point Queens. The Willets Point project is a proposed redevelopment of an underutilized industrial area into a lively, mixed-use, sustainable community and regional destination. Besides the GEIS, the Firm assisted the City in other aspects of the proposed project, including hazardous waste remediation and environmental issues relating to the purchase of existing parcels within the project area and the parcels to be utilized to relocate existing businesses. The project, which required the rezoning of the area and adoption of an urban renewal plan, was approved in the Fall of 2008. In 2017 SPR was retained by the Queens Development Group (a partnership of the Related Companies and Sterling Equities) to represent the project developer in connection with hazardous waste remediation pursuant to the Brownfield Cleanup Program. The project will transform an approximately 23 acre area with construction of New York City’s largest 100% affordable housing project in 40 years, a professional league soccer stadium, a public school, park and public open space amenities.

Location: Brooklyn, NY

SPR represented Thor Equities in the redevelopment of this solid waste landfill on Gravesend Bay into a wholesale store and large waterfront park. The Firm consulted with respect to a coastal erosion hazard area designation, a decades-old solid waste enforcement action, tidal wetlands jurisdiction, and several open petroleum spills.

Location: Red Hook, NY

SPR represents Thor Equities with respect to the redevelopment of the former Revere Sugar refinery property in Red Hook, and assisted the developer to obtain permits from NYSDEC and the ACOE to stabilize the shoreline.

Location: New York

SPR advises NYSERDA on the various initiatives to facilitate New York State’s offshore wind program. SPR played a significant role in the development of the New York State Offshore Wind Master Plan, the first such plan in the nation, along with its 21 supporting environmental and infrastructure studies. SPR also oversaw the preparation of the environmental review required for the State’s first procurement of Offshore Renewable Energy Credits.

Location: Long Island, NY

SPR represents Equinor Wind US in the local and state permitting and development, and aspects of federal permitting, for the Empire Wind 1 and the Empire Wind 2 offshore wind projects that will supply New York State with over 2 gigawatts of renewable energy, power 1 million homes, and provide billions of dollars of economic benefits to the State. The projects also are expected to provide tens of millions of dollars in investments in long-term port facilities, related infrastructure, and new technologies. Together, these offshore wind projects will help the State meet the renewable energy and offshore wind capacity mandates set forth in NY’s Climate Leadership and Community Protection Act, diversify NY’s energy portfolio, and reduce greenhouse gas emissions. SPR assisted Equinor acquire various properties that will support its offshore wind projects, and helps navigate the remediation of those properties thorough the Brownfield Cleanup Program. The Firm also advises Equinor on parkland alienation and conversion issues, on the development of an offshore wind port in New York City that will service Equinor’s offshore wind projects and house the onshore substation for the Empire Wind 1 project, on other required local approvals and land rights, on contractor procurement, and on diligence for private finance relating to environmental permitting and litigation risk. SPR assisted Equinor on the development of the Beacon Wind 1 offshore wind project until early 2024, when Equinor transferred its interest in that project to another offshore wind developer.

Location: West Valley, NY

SPR advises NYSERDA on NEPA and SEQRA matters concerning the Supplemental Environmental Impact Statement for the decommissioning of the West Valley Nuclear Service Center site, which is being undertaken by NYSERDA and the United States Department of Energy.

Location: New York, NY

SPR is serving as environmental counsel for Northwell Health regarding the redevelopment of the Lenox Hill Hospital, located on the Upper East Side of Manhattan. The redevelopment project will make Lenox Hill a state-of-the-art hospital featuring single-bedded patient rooms, advanced and adaptable operating rooms, an enlarged emergency department, and a relocated, improved ambulance bay. While this project began before the pandemic, Lenox Hill’s important role in responding to the COVID-19 crisis in New York City – which quickly became an epicenter for the pandemic – confirmed the need for these changes to better equip the hospital to address future public health challenges and improve the quality of patient care.

Location: Bayonne, NJ and Staten Island, NY

SPR represented the Port Authority of New York and New Jersey (“Port Authority”) with regard to the environmental review and permitting of this project, which raised the vertical clearance of the Bayonne Bridge over the Kill van Kull for larger container vessels. The environmental reviews were under NEPA, SEQRA and CEQR, as well as Section 106 of the National Historic Preservation Act (“NHPA”). The Firm assisted in obtaining permits from the United States Coast Guard, NYSDEC, and NYSDOT. The Firm also represented the Port Authority in the successful defense of federal litigation under the Administrative Procedure Act challenging the Environmental Assessment and Cost Guard-issued Finding of No Significant Impact for the project.

Location: Garrison, NY

The Hudson Valley Shakespeare Festival (HVSF), a critically acclaimed nonprofit theater organization, has proposed to build a new permanent theater overlooking the Hudson River in Garrison, New York. The project is designed to be the first purpose-built LEED Platinum certified theater in the United States. In 2023 HVSF was awarded a $10 million grant from the New York State Council of the Arts to help build their new theater. SPR is guiding the project through the process of environmental impact review, local land use approvals, a proposed zoning amendment, and review of construction contracts.

Location: Jones Beach, NY

SPR successfully defended the construction of the Jones Beach Energy & Nature Center in litigation challenging the environmental review and permitting of the project under SEQRA, NEPA, the federal Land & Water Conservation Fund Act and other state and federal laws, and alleging violation of the public trust doctrine for alienation of state parkland. SPR secured decisions in Nassau County Supreme Court, the Eastern District of New York, and the Second Circuit Court of Appeals dismissing all claims against LIPA and upholding the construction of the Energy & Nature Center.

Location: Cortlandt, NY

SPR represents the Town of Cortlandt, NY in ongoing state and federal administrative proceedings related to the relicensing of the Indian Point nuclear power plant. The state relicensing involves CWA Sections 316 (cooling water intakes) and 401 (water quality certification), and environmental impact review under SEQRA; the federal relicensing involves NEPA review and a technical analysis of nuclear safety issues posed by the plant. Most recently SPR has represented the Town in the process of decommissioning the power plant.

Location: Long Island City, NY

SPR represents Silvercup West Studios--Terra Cotta LLC with respect to the proposed Silvercup West mixed-use development south of the Queensboro Bridge on the East River in Long Island City. This representation has included advice with respect to the preparation of an environmental impact statement (“EIS”) for the rezoning of the site and ULURP, obtaining NYSDEC and Army Corps of Engineers (“ACOE”) waterfront permits, and application to and participation in the BCP, which culminated in the NYSDEC’s issuance of a COC for the site in 2017.  The firm has also represented this client with regard to the development of a new studio in the Bronx, called Silvercup North, as well as a series of other developments in the City.

SPR served as counsel to the consulting firm responsible for preparing the EIS for the initial proposal by The Port Authority of New York and New Jersey to construct a new bridge across the Arthur Kill, between Staten Island and New Jersey, paralleling the Goethals Bridge. Our work included the review of the proposed EIS and related issues related to transportation impacts, numerous transportation alternatives and a variety of permitting issues.  The Firm represented the Port Authority with respect to the revised proposal, including advising on the updated EIS, issues under Section 4(f) of the Transportation Act, and hazardous waste remediation.

Location: New York, NY

The long-blighted Pier 94, which once berthed Cunard Line’s 1,000-foot ocean liners, is being transformed by Blackstone and Vornado into Manhattan’s first purpose-built studio. The 266,000 square foot Sunset Pier 94 will have six soundstages along with open riverfront areas and other community amenities when it is completed at the end of 2025. Several stages will be equipped with technological infrastructure capable of handling virtual production. The project will create more than 1,300 construction jobs and 400 permanent jobs, contributing $6.4 billion to the local economy over the next 30 years.

Location: New York, NY

SPR represents Empire State Development Corporation (“ESD”) and has represented both the Jacob Javits Development and Operating Corporations in the environmental review of the proposed expansion of the Convention Center.  This representation included the review of the preparation of the Hudson Yards EIS, which analyzed the Convention Center expansion, extension of the number 7 subway line and the rezoning of the Hudson Yards.  The Firm also represented ESD and the Javits Development Corporation in assessing the need for a supplemental EIS when changes were made in the proposed expansion design and successfully defended in litigation the determination not to prepare a supplemental EIS.

Location: Port Chester, NY

SPR is special counsel for the Village Board of Trustees of Port Chester in Westchester County, which is lead agency under SEQRA for the proposed redevelopment of the 15-acre former United Hospital site. The project is a large-scale mixed-use development, including residential, commercial, independent and assisted living facilities, and recreational uses. The Firm assisted the Village in the review of the EIS for an initial project and subsequent revisions to the project, the preparation of SEQRA Findings, and site plan and subdivision approval.

Location: New York, NY

SPR successfully opposed a portion of a proposed 424-mile natural gas pipeline that was to cross through Hudson River fisheries. The Firm addressed NEPA issues relating to project’s siting and impacts, Natural Gas Act issues pertaining to project necessity, and Coastal Zone Management Act issues regarding impacts to New York’s coastal zone. The Firm retained experts and submitted motions, objections and comments through multiple administrative and judicial proceedings, including before the Federal Energy Regulatory Commission, the US Department of Commerce, and the US District Court and Court of Appeals. After summary judgment victories by SPR and other governmental entities, Millennium terminated its route before the Hudson River.

Location: Brooklyn, NY

SPR represents Empire State Development in the proposed redevelopment of a former portion of the Kingsboro Psychiatric Center. The project will include approximately 1000 units of affordable and supportive housing, two new state of the art homeless shelters (replacing existing shelters on the site), a new public open space, and community facility uses. SPR is advising ESD with respect to the preparation of an environmental impact statement for the project.

Location: Brooklyn, NY

SPR has served as environmental counsel to Empire State Development (ESD) with respect to the ongoing redevelopment of the Brooklyn Developmental Center with 100% affordable housing, including supportive housing, community facility and commercial uses, and substantial open space. This redevelopment has involved two primary phases with two environmental impact statements.  The Firm has advised ESD in the preparation of both EISs as well as in the preparation of transactional documents.

Location: New York and New Jersey

SPR served as special environmental counsel to the Port Authority of NY and NJ with regard to the environmental impact review under NEPA of a proposed AirTrain to LaGuardia Airport.  The NEPA process included extensive issues under Section 106 of the National Historic Preservation Act with respect to historic resources, as well as permitting issues under the federal Clean Water Act and NYSDEC wetlands regulations.

Location: New York, NY

SPR serves as special environmental counsel to the Port Authority of New York and New Jersey on the environmental impact review of the proposed replacement of the Port Authority Bus Terminal in New York City.  The project entails a new main terminal, an adjunct facility for additional bus storage and staging, new ramps, and the conversion of deck-overs to publicly accessible open space. The project also includes two privately funded commercial developments over the new main terminal to assist in funding the transportation and open space elements. The environmental review is being conducted by the Federal Transit Administration (FTA) pursuant to the National Environmental Policy Act (NEPA). In February 2024, the FTA issued a Draft Environmental Impact Statement.  Issuance of the Final EIS is expected in the Summer of 2024.

Location: Cape Cod, Massachusetts

SPR performed due diligence on behalf of a potential investor in the proposed Cape Wind offshore wind farm, located off Cape Cod, Massachusetts. The work involved review of the project EIS and analysis of permitting requirements under the Outer Continental Shelf Lands Act, Clean Water Act, Clean Air Act, Rivers and Harbors Act, Migratory Bird Treaty Act, and Endangered Species Acts.

Location: Brooklyn, NY

SPR represents the developer of this 27-acre Brooklyn site fronting on the junction of the East River and Newtown Creek for mixed-use. A portion of the project has already been developed with affordable housing; when complete, the project will include extensive affordable housing, a school, retail and open space, with a new waterfront esplanade. The Firm assisted in the due diligence conducted prior to acquisition of the site, and represented the developer in obtaining NYSDEC tidal wetlands and protections of water permits and a water quality certificate, as well as an individual ACOE permit for the rehabilitation of the shoreline and the construction of a ferry terminal and new pier. The Firm also represents the developer with respect to the Brownfield Cleanup Program for a portion of the site, and the City OER for other portions of the site.

Location: Sag Harbor, NY

SPR represented Sag Development Partners in connection with the redevelopment Sag Harbor's historic Watch Case Factory into residential condominiums. The Firm represented the developer with respect to the environmental review, land use approvals, regulatory sign-offs, and negotiations with NYSDEC and the former property owner concerning hazardous substances remediation and environmental site management.