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NYC’s Zoning for Carbon Neutrality is Here to Stay

Over a year ago, New York City Mayor Eric Adams announced the “City of Yes”, a plan to update the City’s zoning tools to support small businesses, create affordable housing, and promote sustainability. On December 6, 2023,...more

Six Key Considerations for Transitioning Existing Fossil Fuel Transport, Storage and Electricity Generation Assets to New Uses

The United States is broadening the scope and diversity of its energy mix at a rate and to an extent not seen in a century, if ever. The changes underway provide both important opportunities and critical challenges for owners...more

IRS Issues Guidance for Inflation Reduction Act Low-Income Bonus Tax Credits

On February 13, 2023, the Internal Revenue Service (“IRS”) issued its “initial guidance” regarding the Low-Income Communities Bonus Credit Program (the “Program”) established by the Inflation Reduction Act of 2022 (the “IRA”)...more

Last Mile Warehouse Bills and Proposed Special Permit

Last week, a trio of bills related to last-mile warehouses were introduced by Council Member Alexa Avilés, and co-sponsored by Council Members Jennifer Gutiérrez (District 34, Williamsburg), Sandy Nurse (District 37,...more

Updated CEQ Guidance for Analysis of GHG Emissions Sidesteps Key Legal Issues

In the latest effort by the Biden administration to promote consideration of climate and environmental justice impacts in federal decision-making, the White House Council on Environmental Quality (CEQ) recently issued interim...more

It’s About Damn Time

The City and State of New York have made a handful of announcements regarding plans to roll out imminent changes to the real estate development process to help encourage development and tackle the City’s affordable housing...more

EPA Endorses New Standard for Phase I Environmental Site Assessments

After unexpected controversy earlier in the year, on December 15, 2022 the U.S. Environmental Protection Agency (EPA) issued a Final Rule unambiguously recognizing the ASTM International Standard E1527-21 for Phase I...more

Offshore Wind Comes to the Gulf of Mexico

After the landmark prices received for eight offshore wind leases in the New York Bight, and with great anticipation for the upcoming December 6, 2022, lease auction for the Humboldt and Morro Bay Wind Energy Areas (WEAs) off...more

[Webinar] PFAS & Real Property Transactions: The Essentials of Diligence and Compliance - June 9th, 12:00 pm - 1:00 pm PT

Regulators across the country are increasingly focused on per- and polyfluoroalkyl substances (PFAS) in soil and water. These “forever chemicals” are persistent and widespread, and pose complex cleanup challenges. As federal...more

SheppardMullin Six: Groundbreaking BOEM Lease Sale in New York Bight Further Accelerates Offshore Wind Development in the Atlantic

On January 12, 2022, the Bureau of Ocean Energy Management (“BOEM”) issued its Final Sale Notice for the auction of six offshore wind lease areas in federal waters off the coasts of New York and New Jersey (the “NY Bight...more

1/21/2022  /  BOEM , Leases , Offshore Wind , Supply Chain

House Passes Bill Requiring SEC to Define Mandatory ESG Metrics

On June 16, 2021, the U.S. House of Representatives voted (215-214) to pass the ESG [Environmental, Social and Governance] Disclosure Simplification Act of 2021 (H. R. 1187) (the “Bill”). This legislation would build on the...more

The Sheppard Mullin Six - Offshore Wind in California

Offshore Wind Goes West. On May 25, the Biden administration and the State of California announced an effort to develop areas off of the coast of California for up to 4.6 GW of offshore wind generation. While Northeastern...more

New York Moves Further Toward Implementation of Climate Leadership and Community Protection Act with Final Statewide Greenhouse...

On December 30, 2020, New York State’s Department of Environmental Conservation (the “Department”) promulgated statewide ambient limits on greenhouse gas (“GHG”) emissions for the years 2030 and 2050 (the “Regulations”). The...more

Congress Extends Renewable Energy Tax Credits in 2021 Omnibus Spending Bill

As Congress was completing final negotiations of the stimulus package dealing with the public health and economic impacts of the coronavirus pandemic, several key energy provisions made their way into the 5593-page omnibus...more

Six Key Items to be Aware of Today in U.S. Offshore Wind (“OSW”)

Momentum is growing quickly towards widespread construction of US offshore wind-powered electrical generation facilities. Several States along the northern part of the Atlantic coast have projects actively under development...more

Navigable Waters Protection Rule: How are the “Waters of the United States” Being Defined?

On January 23, 2020, the United States Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers issued the Navigable Waters Protection Rule (the “2020 Rule”), which includes a revised definition of the...more

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