Jennifer regularly works with landowners, developers, consultants and engineers to successfully guide development projects through environmental review processes under the National Environmental Policy Act (NEPA), the State Environmental Quality Review Act (SEQRA) andNew York City’s Environmental Quality Review (CEQR).   She frequently advises clients with respect to remediation of contaminated sites and brownfield redevelopment, and has litigated claims for recovery of remediation costs under the federal Superfund Law (CERCLA), the federal hazardous waste law (RCRA), and the New York State Navigation Law.   Jennifer also has extensive experience in federal, state, and local permitting processes, including those of the Environmental Protection Agency (EPA), the Army Corps of Engineers, the New York State Department of Environmental Conservation (DEC), the New York State Office of General Services, the New York State Department of State and the City of New York.

Chris will again be focusing on environmental litigation and natural resources issues, including hydrofracking, endangered species, wetlands and marine fisheries.  He also will be working on environmental, cultural resource, and treaty rights issues and litigation on behalf of several Indian Nations in New York.

With Michael Lesser and Chris in our Albany office, we have an efficient and cost effective method of representing our clients in hazardous waste litigation and to  better serve clients on a broad range of issues.

The Albany office is located at 90 State Street, Suite 700, Albany, NY 12207.  The office phone number is (518) 591-4663.

For more information about reporting requirements associated with the Brownfield Cleanup Program, contact Jennifer Coghlan.

According to the White House, the projects were chosen because they are “high priority infrastructure projects that will create a significant number of jobs, have already identified necessary funding, and … the significant steps remaining before construction are within the control and jurisdiction of the federal government and can be completed within 18 months.”  The announcement follows an August 2011 Presidential Memorandum directing federal agencies, including the Department of Transportation, to identify proposals for expedited and coordinated environmental review.

By improving coordination among federal agencies, reducing duplicative review and allowing reviews to be done concurrently, the White House expects to reduce the permitting process for the Tappan Zee Bridge by two and a half years.  The Presidential Memorandum also calls for progress on these 14 projects to be tracked on a central website, which will provide information on outstanding government approvals and anticipated completion dates.

The Tappan Zee Bridge was built in 1950, and it costs the state $100 million annually for  upkeep and repair.  New York Governor Andrew M. Cuomo called the recent announcement “a shot in the arm for the [Tappan Zee Hudson River Crossing] project and a major step forward to restoring this key piece of infrastructure and putting tens of thousands of New Yorkers back to work.”  The project is currently being reviewed under the National Environmental Policy Act, and construction could begin as soon as 2013.

Covered buildings include:

• any building that exceeds 50,000 gross square feet (“gsf”);
• two or more buildings on the same tax lot that together exceed 100,000 gsf; or
• two or more condominium buildings that are governed by the same board of managers and that together exceed 100,000 gsf.

Square footage is determined based on the records of the New York City Department of Finance.  Covered buildings should have received a notice from the Department of Finance in December 2010.  In addition, the City has published a list of the buildings it believes to be subject to the Benchmarking Law.

To comply with the Benchmarking Law, owners of covered buildings must solicit information on energy usage from non-residential tenants, but are not required to do so for residential tenants.  Benchmarking of water use is not required unless the building was equipped with automatic meter reading equipment by the New York City Department of Environmental Protection for the entirety of the previous calendar year.

Benchmarking reports must be submitted to the City electronically using the U.S. Environmental Protection Agency’s (“EPA”) Portfolio Manager Tool.  Owners of multiple buildings should pay special attention to EPA’s instructions before entering information to ensure that reports are not overwritten by later entries.

The Benchmarking Law is part of New York City’s Greener, Greater Buildings Plan.  A component of the Citywide environmental initiative PlanNYC2030, the Greener, Greater Buildings Plan strives to reduce greenhouse gas emissions by 30% by 2030.

For more information on the Benchmarking Law, please contact SPR partner Dan Chorost.  To learn more about green building trends beyond New York City, please see Dan’s May 2011 article on this topic.

According to Chambers, “This environmental boutique has long been recognized as a leader, particularly due to its success in major litigation.  The team has provided legal support on a vast range of environmental concerns including oil spills, hazardous substances and industrial property contamination, as well as issues related to facility siting, air pollution and wetlands.”

Client feedback to Chambers on specific lawyers includes:

• Daniel Riesel:   “Dynamic and forthright” in litigation and administrative matters.
• David Paget:   A “prominent figure in the market” and “an almost unparalleled source of knowledge in the preparation of environmental impact statements.”
• Mark Chertok:  An “extremely bright and thorough lawyer who really understands technical issues.” 
• Jeffrey Gracer:   A “highly intelligent lawyer with a solid business background.” 
• Michael Bogin:  Wins acclaim for his “highly effective litigation skills.”

Read the full report here.   

Read more about SPR’s practice areas, and see examples of our work.

Ruling from the bench following oral argument, Judge Eileen A. Rakower upheld the State Environmental Quality Review Act (“SEQRA”) analysis and municipal approvals for the project.  The Court rejected claims that the City Council and City Planning Commission had been misled about the developer’s plans and upheld their decision not to compel disclosure about project financing, citing longstanding SEQRA precedent that such disclosure is not required absent “compelling evidence of a sham transaction or that financial sponsors are unwilling or unable to fulfill their obligations.”

The “New Domino” project, which is anticipated to break ground in 2012, will convert a vacant, formerly industrial site along the East River into an integrated development containing open space, community facilities, and commercial and residential properties, including a substantial affordable housing component.  It would provide waterfront access on site for the first time in over a century, while preserving many of the former refinery’s historic structures, including the iconic “Domino Sugar” sign.

For more information about the recent decision, contact David Paget or Jennifer Coghlan.

The article, available here in pdf, describes the origin and purpose of the green building movement, summarizes the voluntary LEED and ENERGY STAR programs, and notes their connection to the ongoing greening of building codes nationwide.  Chorost argues that the combination of voluntary programs and mandates means that performance demands for green buildings are gradually increasing, with LEED and ENERGY STAR setting a higher “ceiling” for performance while building codes create a higher “floor.”  Building owners that comply with LEED or ENERGY STAR may reap various direct and indirect benefits in various jurisdictions, including expedited permitting, waived fees, and zoning bonuses or allowances. 

For private building owners, perhaps the most notable development discussed in the article is the passage of new laws in leading jurisdictions requiring that existing buildings conduct audits and retrocommission their energy systems.  These laws generally require owners of certain large buildings to quantify their energy use, report it, and identify and even implement energy-efficiency upgrades that would result in net savings over time.  For example, in New York City, a new law requires owners of buildings over a certain size to audit and report on their energy use and to retrocommission existing building systems to improve efficiency.  With similar laws being enacted in other leading jurisdictions, this newest green legal trend will continue to accelerate and will become the norm in jurisdictions nationwide. 

•  Read the full article here.