Litigation - Sive Paget Riesel

Sive, Paget & Riesel handles litigation and enforcement matters for a wide range of clients, from large developers and international corporations, to municipal corporations, non-profit institutions, family-owned businesses, and private individuals. From the outset of our engagement through every stage of a dispute, we are able to draw upon our more than half a century of litigation experience before federal, state, and local courts, agencies, and tribunals to provide our clients with realistic strategies.

Environmental Litigation

We are nationally-recognized leaders and pioneers in the area of environmental litigation. Our attorneys handle disputes in virtually every area of environmental law, including toxic torts, groundwater contamination, property stigma claims, underground storage tanks and oil spill litigation, and cost recovery actions under state and federal laws, including the Comprehensive Environmental Response, Compensation, and Liability Act and New York’s Navigation Law. Our boutique model allows us to bolster the strength of our litigation bench—which includes former federal prosecutors, former state and city attorneys, and former federal law clerks—with the practical know-how of our transactional, insurance, land use, construction, and permitting expertise.

Our proactive and creative approach underlies our successes, including the design of alternative dispute resolution (ADR) processes to resolve large-scale multi-party environmental disputes.

Construction Litigation

Our attorneys have nearly three decades of experience handling all aspects of litigation involving construction defect claims, delay claims, breaches of contract, and professional liability. We staff all construction disputes on a case-need basis with oversight from our industry-recognized team of partners who regularly teach, write and lecture on all legal and practical aspects of construction planning, contracting, and dispute resolution. Our up-to-date knowledge and broad experience enable us to assist our clients in the identification, allocation, avoidance, and resolution of construction related risk.

General Litigation

In addition to our nationally recognized leadership in environmental litigation and growing construction litigation practice, we maintain an active, cost-efficient general litigation practice. Our attorneys manage commercial disputes involving matters such as zoning and land use, contracts, corporate transactions, and employment. Our attorneys have represented corporate clients in disputes arising from corporate transactions, and we are experienced in handling complex matters involving disputed liabilities arising from mergers, acquisitions, and asset purchases. We also guided educational institutions, local governments, and some of the nation’s largest corporations in the prevention and resolution of personnel disputes and claims of civil rights violations by public and private employees, officials and third parties.

Alternative Dispute Resolution

In addition to offering clients a full range of litigation services, our attorneys assist clients in avoiding and resolving disputes by employing various forms of Alternative Dispute Resolution (“ADR”).

Our attorneys have experience with arbitration, mediation, expert fact finding, facilitation, stakeholder involvement, collaborative law and other custom ADR proceedings. Several of our lawyers are trained and certified as mediators and arbitrators and serve as court-appointed dispute resolution specialists, as private neutrals and on dispute resolution boards. Our attorneys have employed ADR procedures in disputes involving environmental claims, insurance coverage, commercial contracts, construction, energy, FLSA, ADA, real estate, labor and employment, bankruptcy, toxic tort, and personal injury claims.

We are committed to employing ADR to bring about cost-effective resolutions to our client’s disputes.

Katherine Ghilain Trudell

Bayonne Bridge Navigational Clearance Program

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.

City Point

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.

Hudson River Park

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.

New Hope Power Company

Location: South Bay, Florida

The firm represented the Company and won summary judgment in the Southern District of Florida, which enjoined the U.S. Army Corps of Engineers from applying rules pertaining to its regulatory jurisdiction over certain former wetlands. The Court held that the Corps, by relying only on its own internal memoranda, had failed to properly promulgate the rules through the notice-and-comment rulemaking procedures required under the Administrative Procedure Act. The decision has wide import, as it directly affects approximately 700,000 acres within the Everglades Agricultural Area (EAA), and other hydrologically-managed lands nationwide for which non-agricultural uses may be proposed.

2800 Hylan Blvd., LLC v. Motiva Enterprises

Location: Staten Island

With the help of the firm, the client obtained judgment after a federal bench trial awarding lost rent and attorneys' fees under the New York Navigation Law to the owner of a Staten Island property contaminated by a gasoline service station.

Adchem Corporation

Location: New York, NY

SPR successfully represented defendant Adchem Corporation in a multi-party litigation involving years of discovery and motion practice. Although this case arose under CERCLA and New York negligence law, its resolution in favor of our client turned on claims that involved corporate veil piercing, general releases of liability obligations of commercial tenants, and when a dissolved corporation can no longer be sued. The Court of Appeals for the Second Circuit denied Plaintiffs’ petition for a rehearing en banc, and the Supreme Court denied a petition for a writ of certiorari. SPR subsequently represented Adchem Corporation in a second multi-party litigation involving the emerging contaminant 1,4-dioxane.

American Museum of Natural History

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.

MTA Congestion Pricing

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.

PFAS Multi-District Litigation

Location: New Jersey and New York

SPR represents the Port Authority of New York and New Jersey as a defendant in a multidistrict litigation concerning pollution resulting from use of aqueous film forming foam containing per- and polyfluoroalkyl substances (PFAS) for fire suppression purposes at various sites, including military bases and airports, throughout the country. The Port Authority is a defendant in multiple cases in the Multi-District Litigation based on its operation of Stewart International Airport.

Two Trees River Ring Project

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.

Equinor Wind – Empire Wind Offshore Wind Projects

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.

Long Island Power Authority – Jones Beach Energy & Nature Center

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.

Yankee Stadium

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.

Village of Mamaroneck – Ethics Code

Location: Mamaroneck, NY

SPR served as special counsel to the Mayor of the Village of Mamaroneck during a disciplinary hearing to determine whether a member of the Village Planning Board who had been found to have violated the Village Code of Ethics should be removed from her appointed position. Subsequently, SPR successfully defended the Village Board of Trustees in litigation challenging the constitutionality of the provisions of the Village Code of Ethics that were at issue in the disciplinary hearing.

Hudson Ridge Wellness Center v. Town Board of Town of Cortlandt

Location: Cortlandt, NY

SPR successfully defended an Article 78 challenge to the Town Board's moratorium on certain types of development pending a revision to the Town's Comprehensive Plan. SPR has represented the Town in land use and zoning matters for decades, and has successfully defended numerous other Article 78 petitions seeking to challenge permitting and zoning variance decisions, environmental impact review under SEQRA and similar matters.

Millennium Pipeline Company Litigation

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.

Kingsboro Psychiatric Center

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.

“Environmental Consent Decrees: Negotiation Strategies, Available Defenses, Modifications, Pitfalls to Avoid”

For: Strafford Webinars

January 30, 2024 | Presented by Daniel Riesel

“Environmental Litigation: Piercing the Corporate Veil”

For: Strafford Webinars

March 2023 | Co-Presented by Daniel Riesel and Dane Warren

“Business and Commercial Litigation in Federal Courts 5th ed.”

For: Thomson Reuters, Robert L. Haig, Editor-in-Chief

Article Title: Business and Commercial Litigation in Federal Courts 5th ed.

2021-2022 | Contributor Daniel Goldberg-Gradess

“An Update on County of Maui v. Hawaii Wildlife Fund”

For: American Water Works Association Journal

October 2022 | Written by Maggie Macdonald (and Kelly Coulon, Roux Associates)

“Practice Before the Commercial Division, Commercial Litigation in New York State Courts”

For: Thomson West, Fifth Addition

2016-2020 | Written by Kayley McGrath et al.

“She Blinded Me with Science: New Technology as a Tool in Environmental Cases”

For: CLE panel chair, NYSBA

September 2019 | Presented by Adam Stolorow

“Environmental Citizen Suits in the US”

For: Tianjin University Law School, China

2019 | Presented by Jeffrey B. Gracer

“Environmental Enforcement, Civil and Criminal”

For: Law Journal Press

1977, updated through 2019 | Written by Daniel Riesel

“The Impact of Weakening Chevron Deference on Environmental Deregulation”

For: Columbia Law Review

February 2018 | Written by Dane Warren

“NEPA and Little NEPAs and Environmental Litigation”

For: ALI-ABA

1994-2013 | Presented by Mark Chertok

“Current Issues in Real Estate Litigation”

For: NYC Bar Association, CLE Program

November 16, 2010 | Presented by John-Patrick Curran

“Climate Change Litigation”

For: Environmental Law Institute

2010 | Presented by Jeffrey B. Gracer

“Federal Preemption of State and Local Environmental Initiatives: The Latest Battles”

For: ABA teleconference panelist

December 2009 | Panelist Adam Stolorow

“Defending Citizen Suits”

For: Chemical Waste Litigation Reporter, Vol. 47

August, 2004 | Written by Daniel Riesel

“Administrative Enforcement for Inactive Hazardous Waste Sites, Administrative Practice Before the New York State Department of Environmental Conservation”

For: Course text for New York State Bar Association continuing legal educational and distributed as a course material for environmental law studies at Albany Law School

May, 1998 | Written by Michael J. Lesser

“‘Fold or Fight’ the Changing Settlement Calculus in CERCLA Enforcement Actions”

For: Vol. lX Fordham 469

1998 | Written by Pamela Esterman et al.

“Hazardous Wastes, Superfund, and Toxic Substances,” Faculty

For: Faculty, ALI/ABA Course

1986-1988, 1992, 1994