Dan Chorost

Practice Areas

Environmental Impact Review/Permitting, Offshore Wind, Litigation, Renewable Energy

Career

Dan Chorost helps domestic and international developers as well as governmental entities navigate the environmental review processes required for wind, solar and other complex development projects. Dan works to minimize project litigation risk using his environmental and commercial litigation background, and defends against any challenges that materialize under the National Environmental Policy Act (NEPA) or its state analogs, such as the New York State Environmental Quality Review Act (SEQRA). He lectures widely on offshore wind development.

Professional Memberships

Bar Admissions: New York, 1997, New Jersey, 1996, U.S. District Court for the Eastern District of New York, U.S. District Court for the Southern District of New York, U.S. Court of Appeals for the Second Circuit, U.S. Court of Appeals for the Eighth Circuit, U.S. District Court for the Northern District of Texas

Publications

“Demonstrating Divisibility at Sediment Megasites: Building a Case against Joint and Several Liability in Superfund Waterways," Environmental Law in New York, August 2015 | Written by Dan Chorost (and Priya Murthy)

“Green Buildings: Law and Practices," Practical Law Journal, November 2014 | Written by Dan Chorost and Maggie Macdonald

“Initiatives Hit Workplace Violations With Environmental Laws," New York Law Journal, September 7, 2005 | Written by Dan Chorost and Daniel Riesel

“When Regulatory Universes Collide: Environmental Regulation in the Workplace," N.Y.U. Environmental Law Journal 613

2005 | Written by Dan Chorost and Daniel Riesel

Work Highlights

Arthur Kill Terminal: SPR is environmental counsel to the developer of the proposed Arthur Kill Terminal, the first offshore wind pre-assembly port facility in New York State. SPR assisted in identifying and acquiring the project site and is shepherding the project through the state and federal permitting and approval processes. This Staten Island project is uniquely positioned to serve the offshore wind industry in the Mid-Atlantic and will form a hub for the development of an offshore wind supply chain. The project will reduce the cost of constructing and operating offshore wind projects, facilitate the realization of significant local economic benefits, create thousands of jobs, provide workforce development and training, and catalyze supply chain investments needed to support offshore wind projects throughout the United States.

Atlantic Yards – Barclays Center: SPR represented the Empire State Development Corporation, which was lead agency for the environmental review of Forest City Ratner Companies proposal to develop the Barclays Center, a new basketball arena for the Nets, along with a major mixed-use development, in downtown Brooklyn. SPR worked with the project team to prepare the Environmental Impact Statement for this project.

Battery Park City Authority – Resiliency Projects: Battery Park City Authority is currently pursuing two resiliency projects – the South Battery Park Coastal Resiliency (SBPCR) Project and the North/West Battery Park Coastal Resiliency (NWBPCR) Project. The projects will protect Battery Park City and adjacent areas of Lower Manhattan from a 100-year storm. SPR advised BPCA with respect to the environmental impact review, permitting and approvals for the SBPCR Project and successfully defended a legal challenge to the sufficiency of the environmental review. That Project is currently under construction. SPR is currently advising BPCA with respect to the environmental impact review, permitting and approvals for the NWBPCR Project.

NYSERDA – Offshore Wind: SPR advises NYSERDA on the various initiatives to facilitate New York State’s offshore wind program. SPR played a significant role in the development of the New York State Offshore Wind Master Plan, the first such plan in the nation, along with its 21 supporting environmental and infrastructure studies. SPR also oversaw the preparation of the environmental review required for the State’s first procurement of Offshore Renewable Energy Credits.

Equinor Wind – Empire Wind Offshore Wind Projects: SPR represents Equinor Wind US in the local and state permitting and development, and aspects of federal permitting, for the Empire Wind 1 and the Empire Wind 2 offshore wind projects that will supply New York State with over 2 gigawatts of renewable energy, power 1 million homes, and provide billions of dollars of economic benefits to the State. The projects also are expected to provide tens of millions of dollars in investments in long-term port facilities, related infrastructure, and new technologies. Together, these offshore wind projects will help the State meet the renewable energy and offshore wind capacity mandates set forth in NY’s Climate Leadership and Community Protection Act, diversify NY’s energy portfolio, and reduce greenhouse gas emissions. SPR assisted Equinor acquire various properties that will support its offshore wind projects, and helps navigate the remediation of those properties thorough the Brownfield Cleanup Program. The Firm also advises Equinor on parkland alienation and conversion issues, on the development of an offshore wind port in New York City that will service Equinor’s offshore wind projects and house the onshore substation for the Empire Wind 1 project, on other required local approvals and land rights, on contractor procurement, and on diligence for private finance relating to environmental permitting and litigation risk. SPR assisted Equinor on the development of the Beacon Wind 1 offshore wind project until early 2024, when Equinor transferred its interest in that project to another offshore wind developer.

NYSERDA – Western New York Nuclear Service Center at West Valley: SPR advises NYSERDA on NEPA and SEQRA matters concerning the Supplemental Environmental Impact Statement for the decommissioning of the West Valley Nuclear Service Center site, which is being undertaken by NYSERDA and the United States Department of Energy.

Millennium Pipeline Company Litigation: SPR successfully opposed a portion of a proposed 424-mile natural gas pipeline that was to cross through Hudson River fisheries. The Firm addressed NEPA issues relating to project’s siting and impacts, Natural Gas Act issues pertaining to project necessity, and Coastal Zone Management Act issues regarding impacts to New York’s coastal zone. The Firm retained experts and submitted motions, objections and comments through multiple administrative and judicial proceedings, including before the Federal Energy Regulatory Commission, the US Department of Commerce, and the US District Court and Court of Appeals. After summary judgment victories by SPR and other governmental entities, Millennium terminated its route before the Hudson River.

Education

Experience

Presentations/Panel Experience:

“U.S. Offshore Wind Permitting and Development: The Answer is Blowin’ in the Wind," Quimbee, August 2021 | Co-Presented with Katherine Ghilain Trudell

“A Primer on U.S. Offshore Wind Energy Development," American Law Institute/Environmental Law Institute, National Environmental Law Annual Conference, Washington, DC, February 2019

“State and Federal Permitting of Offshore Wind in the United States,” The German-American Chamber of Commerce, June 2018

“Offshore Wind for New York: Regulatory Framework and Update,” The Association of the Bar of the City of New York, Environmental/Energy Law Committee’s Offshore Wind Initiative: The Legal Path Forward, New York, NY, May 2018

“U.S. Offshore Wind Development,” Presenter at Stibbe Offshore Wind Expert Symposium, Amsterdam, The Netherlands, November 2017

“The Law of Renewable Energy," The New York State Bar Association’s Environmental Law Annual Meeting, January 2016