In November 2015, the northern long-eared bat was listed as a threatened species due to the devastating impact of white-nose syndrome. White-nose syndrome is a disease caused by a fungus that affects hibernating bats and is decimating the bat population. As a result of continued population decline, the U.S. Fish and Wildlife Service (“USFWS”) announced a final rule to reclassifyContinue Reading U.S. Fish and Wildlife Service Lights the Bat Signal, Designating the Northern Long-Eared Bat as Endangered
Nearly 5 Years After Historic Update, New York’s Part 360 Solid Waste Regulation Series Remains a Work in Progress
For the New York State Department of Environmental Conservation (“NYSDEC” or “Department”), discretion has been the better part of valor when considering enforcement of certain provisions of the Revised Part 360 Solid Waste Regulation Series (“Regulations”).
In September 2017, NYSDEC announced a comprehensive overhaul of the then existing regulations governing Solid Waste Management Facilities. The Regulations became effective on November…Continue Reading Nearly 5 Years After Historic Update, New York’s Part 360 Solid Waste Regulation Series Remains a Work in Progress
Prior Agreement Limiting Waste Processing Trumps DEC Renewal Permit
In Incorporated Village of Lindenhurst v. One World Recycling, LLC, et al., the Second Department reversed the lower court’s denial of permanent injunctive relief, in large part based on the existence of prior agreements between the parties. The appellant, Incorporated Village of Lindenhurst (the “Village”), sought to prohibit One World Recycling, LLC (“One World”) from exceeding waste processing limits…
Continue Reading Prior Agreement Limiting Waste Processing Trumps DEC Renewal Permit
Landowner’s Intent to Mine Property Sufficient to Establish Nonconforming Use
In a recent decision, Matter of Red Wing Properties, Inc. v. Town of Rhinebeck, et al., the Second Department held that a landowner’s intent to continue using its property for mining operations established a valid pre-existing nonconforming use.
Red Wing Properties, Inc. (“Petitioner”) owns roughly 241 acres of property located with the Town of Rhinebeck (the “Town”). For several…
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Court Upholds Zoning Board’s Denial of Gas Station’s Area Variance Application
In Matter of Magid Setauket Assoc., LLC v The Town of Brookhaven Bd. of Zoning Appeals, the petitioners were the owner and the operator (“Petitioners”) of a Shell gas station located in the Old Setauket Historic District (the “Historic District”) Transition Zone, in the Town of Brookhaven (the “Town”). Petitioners applied for an area variance to permit them to…
Continue Reading Court Upholds Zoning Board’s Denial of Gas Station’s Area Variance Application
Steel Over the Ocean: LIPA Approves Offshore Wind Farm Southeast of Montauk
Last Wednesday, LIPA unanimously approved Deepwater Wind’s proposal to build the nation’s largest offshore wind farm approximately 30-35 miles off the coast of Montauk, New York. Construction will include fifteen turbines with a 90 megawatt capacity able to power 50,000 homes. The turbines will be built out of sight to address vehement public comments against blighted ocean vistas.
Continue Reading Steel Over the Ocean: LIPA Approves Offshore Wind Farm Southeast of Montauk