As New York’s fifth Offshore Wind Renewable Energy Certificate (OREC) solicitation enters its final stages, the New York State Energy Research and Development Authority (“NYSERDA”) issued a Request for Information (“RFI”) on...more
Last week’s unexpected opinion of the U.S. Court of Appeals for the D.C. Circuit (“DC Circuit”) holding that the Council for Environmental Quality (“CEQ”) lacks authority to promulgate regulations implementing the National...more
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
12/8/2023
/ City of New York ,
Clean Power Plan ,
Climate Action Plan ,
Climate Change ,
Electric Vehicles ,
Environmental Policies ,
Greenhouse Gas Emissions ,
New York ,
Regulatory Agenda ,
Renewable Energy ,
Urban Planning & Development ,
Zoning Laws
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
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 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
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
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
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
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
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
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
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
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
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
1/29/2021
/ Carbon Emissions ,
Clean Energy ,
Climate Change ,
Department of Environmental Conservation ,
Environmental Policies ,
Governor Cuomo ,
Greenhouse Gas Emissions ,
New Regulations ,
Renewable Energy ,
State and Local Government ,
State Legislatures
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
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
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
2/7/2020
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands