Posts by » Michael Lesser

Dramatic Changes Proposed for New York’s Brownfield Cleanup Program

Michael Lesser

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Posted in Brownfield Cleanup.

Governor Cuomo has proposed substantial revisions to New York’s Brownfields Cleanup Program (“BCP”) as part of the proposed state executive budget released earlier this week. The proposed budget, prepared for the 2014-2015 state fiscal year, would alter many aspects of the program, including site eligibility criteria and availability of tax credits.  Note that budget proposals … Read Post

New York’s Highest Court Expands FOIL Disclosure of Federal Documents Held by State Agencies

Michael Lesser

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Posted in Administrative Law, New York Environmental Law.

In Matter of the Town of Waterford v. New York State Department of Environmental Conservation, decided on March 22, 2012, the New York Court of Appeals held that New York State must disclose deliberative documents in its possession that had been created by the United States Environmental Protection Agency (“EPA”).   Specifically, the Court held that … Read Post

DEC proposes regulations implementing new water withdrawal law

Michael Lesser

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Posted in Emerging Issues, Hydraulic Fracturing & Marcellus Shale, New York Environmental Law.

On November 23, 2011, the New York Department of Environmental Conservation (“DEC”) proposed regulations implementing the Water Resources Protection Act, a new law requiring a DEC permit for water withdrawals exceeding 100,000 gallons per day.  In addition to setting forth permitting procedures, the regulations contain additional exceptions and critical deadlines for incorporating existing water usage … Read Post

EPA Recognizes N.Y.C. Brownfield Program

Michael Lesser

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Posted in Brownfield Cleanup, New York City Environmental Law, New York Environmental Law.

The United States Environmental Protection Agency (“EPA”) recently awarded federal recognition to New York City’s Brownfield Cleanup Program.  This is the first time EPA has recognized a municipal cleanup program.  EPA hopes to use New York City’s program as an example to be followed by additional municipalities. EPA’s formal recognition makes the City eligible to … Read Post

Tropical Storm Irene Highlights Need for Environmental Emergency Planning, Response Efforts

Michael Lesser

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Posted in Compliance, Emerging Issues, Enforcement, New York Environmental Law.

The recent devastating impacts of Tropical Storm Irene and the solemn remembrance of 9/11 make a review of New York’s emergency environmental procedures both timely and relevant.  Such emergencies affect existing environmental permits and create new unanticipated environmental problems that may require exceptions and waivers to the environmental status quo. The overall coordination and implementation … Read Post