Alerts Archive

In July 2024, Nike sued Dominic Ciambrone, also known as “The Shoe Surgeon,” in federal court in Manhattan for trademark infringement and related claims. Just shy of a year later, in June 2025, the parties reached a settlement, resolving the year-long, $60 million lawsuit for an undisclosed amount.

One Big Beautiful Bill Act Modifies Qualification Requirements for Renewable Energy Tax Credits, Bringing Increased Scrutiny to Foreign Participation in US Clean Energy Economy and Shifting Incentives Away from Wind and Solar

On June 13, 2025, the New York State Public Service Commission (PSC or Commission) issued an Order Instituting Proceeding to Establish Cybersecurity for Information Technology (Cybersecurity Proceeding) in Case 25-M-0302, which includes the presentation of draft regulations for stakeholder comment.

New York’s Real Property Tax Law (“RPTL”) § 487 provides a tax exemption for qualifying renewable energy systems, including wind and solar projects.  Taxing jurisdictions that have not opted out of the exemption can require a payment-in-lieu-of-taxes (“PILOT”) agreement, but must respond to a developer’s notice.  A recent appellate court case reviewed the obligations of project developers, owners, and taxing jurisdictions, holding that a developer had properly given notice to a school district.

On June 12, 2025, the United States Supreme Court issued a unanimous decision in A.J.T. v. Osseo concerning the standard of proof required for parents of students with disabilities when seeking monetary damages under Section 504 of the Rehabilitation Act (“Section 504”) and/or Title II of the Americans with Disabilities Act (the “ADA”).

On May 15, 2025, the New York State Public Service Commission (“Commission”) issued its Order Adopting Clean Energy Standard Biennial Review as Final and Making Other Findings ("CES Biennial Review Order"); part of its ongoing evaluation of the State’s Clean Energy Standard (“CES”) and progress toward the State’s clean and renewable energy goals established by the Climate Leadership and Community Protection Act (“CLCPA”). The CES is administered by the New York State Energy Research and Development Authority (NYSERDA) and is comprised of a Renewable Energy Standard ("RES") and a Zero-emissions Credit ("ZEC") requirement. The Draft Clean Energy Standard Biennial Review was submitted by the Department of Public Service and NYSERDA for review by the Commission on July 1, 2024.

On June 5, 2025, United States Senator Pete Ricketts introduced the Agricultural Foreign Investment Disclosure Improvements Act, attempting to modernize the Agricultural Foreign Investments Disclosure Act of 1978 (AFIDA) and add more teeth to its enforcement. Unfortunately, the proposed amendment does not appear to provide any additional guidance on the types of uses of agricultural property that are specific to energy development.

A frequent form of attack employed by project opponents is asserting that the scope of environmental review was too narrow because it did not consider impacts not part of the project itself. Those in opposition to fossil fuel development have used this tactic to attack infrastructure that supports extraction activities, such as pipelines and LNG export facilities.

It’s hard for New York tax issues to get any bandwidth with the federal government turning on tariffs, turning off tariffs, arguing about SALT deduction caps, proposing to take away pass-through entity taxes for certain businesses, etc. But time marches forward, and Albany’s annual budget turmoil with it.

New York’s recently passed 2025 Executive Budget includes significant amendments to sections of the New York Environmental Conservation Law that concern the Inactive Hazardous Waste Disposal Site Remedial Program, commonly referred to as the State Superfund Program.

On March 31, 2024, the New York State Department of Public Service (DPS) filed with the NYS Public Service Commission (Commission) The First Iteration of The Grid of the Future Plan (Plan), which was prepared in cooperation with the New York State Energy Research and Development Authority (NYSERDA).

On March 21, 2025, the Financial Crimes Enforcement Network issued an interim final rule narrowing the scope of the Corporate Transparency Act to only foreign reporting companies (as defined under the previous CTA rules).

On March 21, 2025, the New York State Public Service Commission adopted, with modifications, the draft Bulk Energy Storage Program Implementation Plan proposed by the New York State Energy Research and Development Authority.

President Trump has issued an Executive Order that directs the Department of Homeland Security to ensure that foreign nationals uphold with their duty to register with the Immigration and Nationality Act ("INA"). The administration will treat failure to comply with the registration requirement as a civil and criminal enforcement priority.

President Trump has issued an Executive Order that directs the Department of Homeland Security to ensure that aliens uphold with their duty to register with the Immigration and Nationality Act ("INA"). The administration will treat failure to comply with the registration requirement as a civil and criminal enforcement priority.

The New York State Department of Environmental Conservation’s has now proposed a draft general permit for Community-Scale Solar Energy Installations in State-regulated freshwater wetlands

On January 24, 2025, the United States Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”), in a matter of first impression, held that the United States Supreme Court’s decision in Harrington v. Purdue Pharma, L.P.[i] barring third-party releases is inapplicable to asset sales conducted pursuant to the Bankruptcy Code[ii] and settlement agreements entered into pursuant to Rule 9019 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”).

In a decision and order filed March 4, 2025, Albany County Supreme Court held that Real Property Tax Law (“RPTL”) § 575-b is unconstitutional (the “Decision”). 

On March 2, 2025, the United States Department of the Treasury (“Treasury Department”) announced that it will suspend enforcement of the Corporate Transparency Act (“CTA”) against United States citizens, United States reporting companies and the beneficial owners of United States reporting companies.

On February 26th, in a unanimous opinion authored by Justice Kagan, the U.S. Supreme Court overturned the District Court’s $43 million profit disgorgement award following a bench trial on the issue of damages.

On June 20, 2024, the Public Service Commission (Commission) issued the Order Establishing Updated Energy Storage Goal and Deployment Policy (2024 Order), establishing an increased goal of deploying 6 gigawatts (GW) of energy storage by 2030 (up from 3 GW), with 1,500 megawatts (MW) of retail energy storage and 200 MW of residential energy storage, and additional bulk storage.

U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year (FY) 2026 H-1B cap will open at noon Eastern on March 7, 2025, and run through noon Eastern on March 24, 2025.

On February 18, 2025, the United States District Court for the Eastern District of Texas lifted the preliminary injunction it previously granted in Smith v. U.S. Department of the Treasury, which temporarily enjoined Corporate Transparency Act (“CTA”) enforcement nationwide.

Non-profit entities in New York that are seeking a real property tax exemption under Real Property Tax Law (“RPTL”) § 420-a must do so by the taxable status date, March 1 in most communities.  Whether or not real property is taxable or tax-exempt “shall be determined annually according to its condition and ownership as of the first day of March.”

In most towns in New York, March 1 is the “Taxable Status Date,” before which developers must submit their tax exemption application to the local assessor to obtain the benefit of New York’s renewable energy facility tax exemption under Real Property Tax Law (“RPTL”) § 487.