Pursuant to a new regulation effective February 2, 2026, building owners and managers subject to New York City’s lead-based paint (LBP) requirements can now use paint chip samples to challenge certain violations issued by the NYC Department of Housing Preservation
Sive | Paget | Riesel | Blog
The Sive | Paget | Riesel Blog focuses on legal developments related to environmental law, particularly in New York. It covers topics such as green and sustainable remediation policies, climate litigation, energy storage system regulations, and evolving federal and state regulations on contaminants like PFAS. The blog also discusses significant court decisions affecting environmental review processes under statutes like NEPA. It provides updates on regulatory changes, litigation trends, and policy proposals impacting environmental compliance, renewable energy development, and hazardous substance regulation.
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Thank You For Following SPR’s Blog In 2025!
This has been a year of significant change for environmental law at the federal, state, and local level—from NYSDEC’s revised freshwater wetlands regulations and associated legal challenges, changes to NEPA review, and updates to PFAS regulation, to shifts in electric vehicle incentives, climate litigation in New York, NYCDOB’s new energy storage system rules, and more. This…
Federal Agencies Propose New Regulations Defining “Waters of the United States”
On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and Department of the Army (Agencies) published a proposed rule, “Updated Definition of Waters of the United States” (Proposed Rule). If finalized, the rule would implement the Supreme Court’s decision…
NYSDEC Proposes Expanded Green and Sustainable Remediation Policy, Adds New Hurdles to Renewable Energy Development on Remediation Sites
On October 15, 2025, the New York State Department of Environmental Conservation (DEC) Division of Environmental Remediation (DER) proposed revisions to DER-31, a policy guidance document that outlines the requirements and procedures for Green and Sustainable Remediation under all DER…
Round Up of New York Climate Litigation in 2025
As we approach the close of 2025, one key takeaway is that this year has been an especially active one for climate litigation in New York. On October 24, 2025, the New York Supreme Court granted the petition in Citizen…
NYCDOB Issues Two New Energy Storage System Rules
The New York City Department of Buildings (NYCDOB) recently adopted two new rules mandating the safe design, installation, operation and maintenance, and decommissioning of energy storage systems (ESS), including indoor systems that were not previously regulated by the NYC Fire…
PFAS Developments: CERCLA Designations Stay Intact for Now, Rollbacks Under SDWA
The regulation of per- and polyfluoroalkyl substances (PFAS) continues to evolve under the Trump administration, with the EPA making three important announcements last month. The agency intends to keep the existing hazardous substance designations under the Comprehensive Environmental Response, Compensation,…
U.S. Supreme Court Narrows Scope of Federal Agency Review Under NEPA
On May 29, 2025, the U.S. Supreme Court issued a unanimous decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, reversing a D.C. Circuit ruling that vacated federal approval for the Uinta Basin Railway in Utah. The Court held…
The Current State of Electric Vehicle Incentives in New York and Beyond
Electric vehicles (EVs) have enjoyed increasing popularity in recent years as an alternative to the U.S.’s overwhelmingly fossil fuel-based transportation sector. A robust ecosystem of incentives from public and private entities alike has emerged to facilitate this shift, presenting significant…
Managing Lender Liability: A Historical Overview and Practice Commentary for Moving Forward
CERCLA’s strict liability for environmental cleanup costs on owners or operators of contaminated sites contains limited defenses and exceptions. One such exception is the “safe harbor” that shields lenders from liability provided they do not undertake certain activities with respect…