Elizabeth Knauer

Practice Areas

Environmental Impact Review/Permitting, Environmental Issues in Transactions and Real Estate Management, Litigation

Career

Elizabeth’s practice has included most facets of environmental law under federal and New York State law, and views every matter through a multidimensional lens. Her experience in both litigation and project development provides a seasoned perspective on avoiding and managing risk.

Elizabeth has litigated various matters relating to environmental contamination and claims for recovery of associated costs involving the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the New York Navigation Law, and other statutes; toxic tort claims; the Clean Water Act; environmental permitting standards; administrative law; and contractual provisions. She has litigated at the trial court and appellate level in both state and federal courts for nearly two decades and is familiar with complex litigation involving large numbers of defendants. Much of her recent work has involved litigation concerning groundwater contamination affecting public water supplies, including by emerging contaminants such as 1,4-dioxane and PFAS. Elizabeth also regularly litigates administrative law cases, defending decision making of federal, state and municipal agencies when legal challenges are filed on environmental grounds.

Elizabeth’s practice also focuses on environmental impact assessment under the State Environmental Quality Review Act (SEQRA), City Environmental Quality Review (CEQR) and the National Environmental Policy Act (NEPA). She has advised both governmental and private clients on the environmental assessment of, and other environmental issues related to, projects ranging from major transportation projects to small affordable housing developments requiring federal or state approvals or undergoing the New York City Uniform Land Use Review Procedure (ULURP). This work has included advice and litigation related to parkland alienation and federal and State historic resources consultation processes.

Elizabeth advises clients with respect to environmental permitting and enforcement actions, and negotiates on their behalf with governmental agencies. She has helped secure federal and state permits for waterfront work for a variety of development projects as well as industrial operators. She also advises with respect to management and remediation of environmental contamination to minimize exposure to liability.

Professional Memberships

Bar Admissions: New York, 2000, 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

Work Highlights

MTA Congestion Pricing: The Triborough Bridge and Tunnel Authority (TBTA), an affiliate of the MTA, along with the New York State and New York City Departments of Transportation (collectively, the Project Sponsors), have proposed the Central Business District Tolling Program (CBDTP) for Federal Highway Administration (FHWA) approval under the Value Pricing Pilot Program (VPPP). This proposal is the first in this country for congestion pricing in a city to reduce congestion (and, in this case, also to raise funds for MTA capital projects). In June 2023, a Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) for the proposed CBDTP was issued by FHWA in coordination with the Project Sponsors. SPR has counseled the MTA/TBTA in the development of the EA, including outreach, interfacing with federal, state, local and regional agencies, and advising with respect to various legal issues, as well as with respect to the VPPP. SPR is also representing the MTA/TBTA in nine federal litigations challenging the FONSI, including one brought by the State of New Jersey. In one of those litigations, the Court for the U.S. District Court for the Southern District of New York issued an Opinion and Order on June 20, 2024, affirming the validity of the EA and FONSI.

PFAS Multi-District Litigation: SPR represents the Port Authority of New York and New Jersey as a defendant in a multidistrict litigation concerning pollution resulting from use of aqueous film forming foam containing per- and polyfluoroalkyl substances (PFAS) for fire suppression purposes at various sites, including military bases and airports, throughout the country. The Port Authority is a defendant in multiple cases in the Multi-District Litigation based on its operation of Stewart International Airport.

Kingsboro Psychiatric Center: SPR represents Empire State Development in the proposed redevelopment of a former portion of the Kingsboro Psychiatric Center. The project will include approximately 1000 units of affordable and supportive housing, two new state of the art homeless shelters (replacing existing shelters on the site), a new public open space, and community facility uses. SPR is advising ESD with respect to the preparation of an environmental impact statement for the project.

Brooklyn Developmental Center: SPR has served as environmental counsel to Empire State Development (ESD) with respect to the ongoing redevelopment of the Brooklyn Developmental Center with 100% affordable housing, including supportive housing, community facility and commercial uses, and substantial open space. This redevelopment has involved two primary phases with two environmental impact statements. The Firm has advised ESD in the preparation of both EISs as well as in the preparation of transactional documents.

Port Authority of New York & New Jersey – Bus Terminal: SPR serves as special environmental counsel to the Port Authority of New York and New Jersey on the environmental impact review of the proposed replacement of the Port Authority Bus Terminal in New York City. The project entails a new main terminal, an adjunct facility for additional bus storage and staging, new ramps, and the conversion of deck-overs to publicly accessible open space. The project also includes two privately funded commercial developments over the new main terminal to assist in funding the transportation and open space elements. In October 2024, the Federal Transit Administration (FTA) issued the final EIS pursuant to the National Environmental Policy Act (NEPA), and the Record of Decision in December 2024.

Publications

“The Continuing Evolution of PFAS Regulation," Environmental Law in New York, February 2025 | Written by Ahlia Bethea and Elizabeth Knauer

“Wetlands Regulations: Considerations for Project Developers,” Lexis Practice Advisor Practice Note, December 2018 | Written by Elizabeth Knauer and Mark Chertok

“Environmental Impact Review in New York," Michael Gerrard, ed.; Matthew Bender, pub, Chapter 8A, 2017 | Written by Elizabeth Knauer and Mark Chertok

“Soil Vapor Intrusion in the Workplace,” New York Law Journal, July 16, 2007 | Written by Elizabeth Knauer (and Steven C. Russo)

“Defending Citizen Suits,” 47 Chemical Waste Litigation Reporter 708, April, 2004 | Written by Daniel Riesel, Elizabeth Knauer (and Steven C. Russo)

“Defense Perspectives on Environmental Citizen Suits,” X Widener L. Rev. 395, 2004 | Written by Elizabeth Knauer (and Steven C. Russo)

“Litigating the Administrative Law Case,” 22 EPA Admin. L. Reporter 175, August 2003 | Written by Daniel Riesel and Elizabeth Knauer

“Views Vary on Environmental Justice – Communities Try to Use Federal Laws to Keep Out Polluting Facilities,” New York Law Journal, December 17, 2001 | Written by Elizabeth Knauer (and Steven C. Russo)

Education