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

Hudson River Park

Location: New York, NY

From its inception, SPR has served as environmental and litigation counsel to the Hudson River Park Trust on major proposed projects in Hudson River Park, most recently Little Island, Pier 57, and Gansevoort Peninsula. Little Island is a distinctive pier offering world-class recreation and performing arts events, with the support of a donation from the Diller/von Furstenberg Family Foundation – the largest gift to a public park in the history of New York State. Little Island was the subject of litigation in state and federal court for over two years, during which SPR successfully overcame a challenge to the Trust’s environmental review and a challenge to the permit issued by the DEC (as co-counsel with the State).

SPR also helped the Trust obtain new permits after the donor terminated and then restarted the Project. Pier 57 was transformed from its original maritime use to an indoor/outdoor public space and food hall. SPR advised the Trust with respect to the preparation of an environmental impact statement for Pier 57 as well as obtaining environmental permits. The Gansevoort Peninsula is a public beach and passive recreation space that replaces a former sanitation facility. SPR advised on environmental permitting and represented the Trust in litigation challenging the Gansevoort Peninsula project.

Bayonne Bridge Navigational Clearance Program

Location: Bayonne, NJ and Staten Island, NY

SPR represented the Port Authority of New York and New Jersey (“Port Authority”) with regard to the environmental review and permitting of this project, which raised the vertical clearance of the Bayonne Bridge over the Kill van Kull for larger container vessels. The environmental reviews were under NEPA, SEQRA and CEQR, as well as Section 106 of the National Historic Preservation Act (“NHPA”). The Firm assisted in obtaining permits from the United States Coast Guard, NYSDEC, and NYSDOT. SPR also represented the Port Authority in the successful defense of federal litigation under the Administrative Procedure Act challenging the Environmental Assessment and Cost Guard-issued Finding of No Significant Impact for the project.

Willets Point Development Project

Location: Queens, NY

SPR was retained by the New York City Economic Development Corporation (EDC) to serve as environmental counsel for the preparation of a Generic Environmental Impact Statement for the City of New York's proposed redevelopment of a 61 acre parcel in Willets Point Queens. The Willets Point project is a proposed redevelopment of an underutilized industrial area into a lively, mixed-use, sustainable community and regional destination. Besides the GEIS, the Firm assisted the City in other aspects of the proposed project, including hazardous waste remediation and environmental issues relating to the purchase of existing parcels within the project area and the parcels to be utilized to relocate existing businesses. The project, which required the rezoning of the area and adoption of an urban renewal plan, was approved in the Fall of 2008. In 2017 SPR was retained by the Queens Development Group (a partnership of the Related Companies and Sterling Equities) to represent the project developer in connection with hazardous waste remediation pursuant to the Brownfield Cleanup Program. The project will transform an approximately 23 acre area with construction of New York City’s largest 100% affordable housing project in 40 years, a professional league soccer stadium, a public school, park and public open space amenities.

MTA Congestion Pricing

Location: New York, NY

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

Location: New Jersey and New York

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

Location: Brooklyn, NY

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

Location: Brooklyn, NY

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. SPR 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

Location: New York, NY

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.

Experience

New York City Environmental Control Board Water Specialist, 2011-present

Education