Gibbons Law Alert

Gibbons Law Alert

Tagged: New York

New York State Again Defers Decisions Regarding Hydraulic Fracturing

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Posted in Environmental and Green Issues

On December 21, 2012

On November 28, 2012, New York State confirmed that its health assessment of the proposed regulations governing hydraulic fracturing, also known as “fracking,” being conducted by a panel of three leading public health experts, would be delayed. Immediately thereafter, the State’s Department of Environmental Conservation (“NYSDEC”) filed for a 90-day extension of the November 29, 2012, regulatory deadline for finalizing fracking regulations.

Gibbons Director David Freeman Reelected President of the New York City Brownfield Partnership

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Posted in Development/Redevelopment / Environmental and Green Issues

On November 30, 2012

David J. Freeman, a Director in the Real Property & Environmental Department of Gibbons P.C., has been unanimously reelected to a second term as president of the New York City Brownfield Partnership, a public/private nonprofit organization dedicated to promoting the cleanup and redevelopment of brownfields in New York City. The Partnership is a member organization of more than 40 real estate developers and owners, community organizations, governmental agencies, and environmental professionals who are active on brownfield matters.

New York Court of Appeals Clarifies Relationship Between SEQRA and Brownfield Cleanup Act

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Posted in Development/Redevelopment / Environmental and Green Issues

On November 20, 2012

On October 23, 2012, the New York Court of Appeals handed down its decision in Bronx Committee for Toxic Free Schools v. New York City School Construction Authority. In it, the Court held that the public notice procedures that the School Construction Authority followed under the New York State Brownfield Cleanup Act (BCA) did not satisfy the related, but distinct public notice and comment obligations under the State Environmental Quality Review Act (SEQRA).

Environmental Issues a Growing Concern for Companies

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Posted in Environmental and Green Issues

On October 5, 2012

As companies in the northeast region take advantage of an improving real estate market, in the face of aggressive agency enforcement, and complex environmental programs and policies, the need for environmental counsel to assist with transactions, navigate potential pitfalls, and mitigate future liability, has become essential. In a recent article published by The Metropolitan Corporate Counsel, three new Gibbons Directors – William Hatfield, Camille Otero, and David Freeman – discuss the firm’s strategic decision to expand the practice group, the growth of the environmental law market, and how their experience can assist clients in this expanding field.

NY Court Denies Summary Judgment in Seemingly Clear-Cut Case Under NY Navigation Law

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Posted in Environmental and Green Issues

On August 6, 2012

An upstate Supreme Court Justice has denied summary judgment on liability under Section 181 of the state’s Navigation Law against a company whose predecessor owned and operated a petroleum refinery on the site for almost 60 years. The decision in One Flint Street LLC v. Exxon Mobil Corp, et al., Index No. 2011/4470 (July 18, 2012, Monroe Co. Sup. Ct.) establishes a high bar for obtaining summary judgment in Nav Law cases.

Significant Amendments to New York’s SEQRA Regulations in the Works

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Posted in Development/Redevelopment / Environmental and Green Issues

On July 25, 2012

On July 11, the New York State Department of Environmental Conservation (NYSDEC) released the draft scope for the Generic Environmental Impact Statement (GEIS) on proposed amendments to the regulations that implement the State Environmental Quality Review Act (SEQRA). These amendments, intended to streamline the SEQRA process, would create a number of significant changes to the regulations, the first changes since 1996.

Gibbons Real Property & Environmental Department Adds David Freeman to the New York Office

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Posted in Development/Redevelopment / Environmental and Green Issues

On July 16, 2012

David J. Freeman, formerly head of the Environmental Practice Group at the New York City office of Paul Hastings, has joined Gibbons P.C.’s New York office as a Director in the Real Property & Environmental Department. Mr. Freeman represents the buyers, sellers, and developers of properties in all environmental law areas including brownfields, due diligence, hazardous waste cleanups, and sustainability. He also litigates matters related to remediation, cost recovery, property damage, and exposure to toxic substances.

New York Appellate Division Strikes Conditions of Approval Unrelated to Site Plan Which Arose from Applicant’s Past Conduct

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Posted in Development/Redevelopment

On May 31, 2012

In its recent decision in the Matter of Kempisty v. Town of Geddes, the Appellate Division, Fourth Department, provides an important reminder to approving authorities that conditions attached to the approval of site plans must have some legitimate relationship or “nexus” to the project’s impacts or they will be stricken. Although the case breaks no new ground, it does effectively outline the considerations that should be applied when determining whether to impose conditions of approval.

New Law Generates Buzz Among South Jersey’s Wine Growers

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Posted in Liquor Licensing

On May 11, 2012

On May 1, 2012, a law took effect that will allow New Jersey farmers and wineries to skip wholesalers and sell directly to retailers and consumers. The new law grants similar rights to out-of-state wineries and finally cleared the way for the Garden State to begin issuing new winery licenses to growers. While local business and political leaders are hoping the relaxed regulations will encourage further investment in the state’s wine industry, producers, retailers, and wine lovers alike are cheering the increased access to locally-grown wines ahead of the summer tourism season.

Lease Extension Notices – New York Appellate Division Ignores Lease Text in Name of Equity

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Posted in Transactional Real Estate and Leasing

On January 4, 2012

New York’s Appellate Division, First Department, in 135 East 57th Street LLC v. Daffy’s Inc. was faced with the following facts. A retail chain had occupied high profile space for about 15 years. The tenant had the right to renew by notice to the Landlord to be delivered by January 31, 2010, a year prior to lease expiration. For no reason other than a mistake by the tenant’s controller, notice was not timely given. However an email and fax was sent (dated January 30, 2010) on February 4, 2010, purporting to exercise the option. The landlord on February 5, 2010, rejected the notice as being late, and accused the Tenant of back-dating the notice for its own purposes.

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