Few five-word phrases have vexed the justices of the United States Supreme Court more than “waters of the United States” as used in the Clean Water Act (CWA or Act). The Court has attempted to define the term, and thereby the...more
6/2/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Navigable Waters ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Kramer Levin recently hosted a seminar titled “Emerging Issues in Land Use: The Year in Review and What’s Ahead,” where experts discussed New York City planning initiatives and land use trends. Among the speakers were Jessica...more
On Dec. 15, 2021, the City Council approved the City’s rezoning plan for the SoHo and NoHo neighborhoods. The Council’s action completed the legislative process, thereby turning the plan into law. The stated objectives of the...more
On Sept. 9, 2021, the New York State Court of Appeals denied a motion for leave to appeal an Appellate Division ruling that had upheld approval by the Department of Buildings (DOB) and the Board of Standards and Appeals (BSA)...more
At the end of its recent term, the U.S. Supreme Court handed down a new decision on the law of takings. The case, Cedar Point Nursery v. Hassid, was a labor relations dispute disguised as a takings case, but its resolution...more
Continuing a trend reported in our Sept. 9, 2020 alert (“Zoning and Land Use: Turning the World Right-Side Up Again”), the Appellate Division for the First Department, which exercises appellate jurisdiction over courts in...more
This summer has brought two appellate court decisions that should help alleviate growing concern in the development community that the New York courts are overly receptive to community-based challenges to new development in...more