Development and Land Use
Sive, Paget & Riesel has been assisting clients in complying with the requirements of the New York State Brownfield Cleanup Program (“BCP”) since its inception in 2003. The BCP provides financial incentives for the voluntary remediation and redevelopment of historically contaminated properties.
The firm advises clients as to the BCP’s eligibility criteria and works closely with consultants to ensure that application materials maximize the likelihood of acceptance into the BCP. SPR has also successfully litigated multiple clients’ claims that the New York State Department of Environmental Conservation improperly denied them entry into the BCP.
Once a site has been accepted into the BCP, the firm oversees remediation of the site to ensure compliance with all aspects of the BCP. For sites with (E) designations from the New York City Department of Environmental Protection, SPR can assist in streamlining compliance with both programs. In addition, the firm can assist clients in obtaining environmental insurance for the site and/or the remediation. SPR also guides clients through the complicated closure process, negotiating easements and other associated agreements required to obtain a Certificate of Completion. In addition, SPR advises clients as to the BCP provisions regarding the available tax credits for both remediation and redevelopment, and is experienced in negotiating real estate transactions involving the transfer of brownfield tax credits.