June 13, 2011
Sive, Paget & Riesel (SPR) has once again been recognized for its leading environmental law practice in New York in the 2011 edition of Chambers USA: America’s Leading Lawyers for Business. The firm received a Band 1 ranking.
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.
May 25, 2011
On Tuesday, May 24, a New York State Supreme Court judge rejected a legal challenge to the redevelopment of the former Domino Sugar refinery in Williamsburg, Brooklyn, clearing the way for the transformative, mixed-use project to begin construction as early as next year. David Paget and Jennifer Coghlan of Sive, Paget & Riesel, P.C. successfully defended the project on behalf of its developer, an affiliate of CPC Resources, Inc.
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.
May 9, 2011
New federal, state and local mandates and incentives are prompting the increasingly widespread use of green building practices in both new construction and existing buildings. SPR partner Dan Chorost has authored an article in the May 2011 issue of the Practical Law Journal highlighting this trend. Incentives are becoming available for building owners who adopt green building practices via voluntary programs under state and local laws. More recently, governmental mandates have been issued that require owners to integrate energy efficiency considerations into building construction and operations. Dan’s article summarizes different approaches to green building and describes the relative costs and benefits of using green practices for new and existing buildings.
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.
March 7, 2011
We are pleased to report that Governor Andrew Cuomo has appointed Steven Russo to serve as Deputy Commissioner and General Counsel of the New York State Department of Environmental Conservation (DEC). Steve has been a valued SPR partner, colleague and friend for over 15 years.
Steve graduated from Columbia Law School in 1989, where he was a Harlan Fiske Stone scholar and Articles Editor of the Columbia Journal of Environmental Law. He previously served as Deputy Assistant Chief of the Environmental Law Division of the New York City Corporation Counsel’s office. At SPR, Steve engaged in substantial litigation for private clients, in addition to representing city and state agencies. His experience in virtually all aspects of environmental law, both in government service and private practice, make Steve an excellent choice. Although we will all miss him, we wish Steve well in his return to government service.
February 4, 2011
LexisNexis has designated Sive, Paget & Riesel’s environmental law blog as eligible to be listed as one of the Top 50 Blogs for 2011 in the Environmental Law & Climate Change Community. In the designation, LexisNexis stated that SPR’s blog “addresses all of the popular topics: climate change, Superfund/CERCLA, Renewable Energy, Marcellus Shale & Hydrofracking, and SEQRA. The analysis here is thorough and precise.”
LexisNexis is accepting comments on the nominees through February 28. Before posting a comment, register here. Registration is free. After this comment period, LexisNexis will select the top 50 blogs among the nominees. The public will then be asked to vote for the Top Blog of the Year. Once voting has opened, we will provide a link on the SPR blog.
January 24, 2011
SPR principals Daniel Riesel and Pamela Esterman will serve as co-chairs of the upcoming 41st annual Environmental Law Course of Study, to be held on February 2-4, 2011 in Washington, DC, co-sponsored by ALI-ABA, the Environmental Law Institute and the Smithsonian Institute. The conference will focus on legislative initiatives, regulatory changes, and new precedent issued during the first half of the Obama Administration. A diverse faculty from government, universities, private practice and advocacy organizations will focus on recent legal developments in the areas of air, energy, water, hazardous materials, environmental review, international law, and environmental justice. If you are unable to attend in person, this CLE is also available via video webcast.
For more detailed information please visit ALI-ABA’s website.
August 26, 2010
The Coalition for Buzzards Bay and the Conservation Law Foundation have filed suit in the U.S. District Court in Massachusetts against the Environmental Protection Agency for failure to properly regulate sources of nitrogen pollution on Cape Cod, including septic systems, stormwater, and wastewater treatment plant discharges.
SPR represents the Coalition for Buzzards Bay in the suit, which has been widely reported in the news media. Read more on the suit from the Associated Press, Washington Post, and Boston Globe. A copy of the Complaint can be accessed here (pdf). For more information, contact Steven Russo.
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