Posts marked "Brownfield Cleanup"

In a decision dated January 7, 2019, the New York Supreme Court, Dutchess County, dismissed a lawsuit challenging the Town of East Fishkill’s 2012 zoning code amendment allowing for remediation and redevelopment of former gas station properties in accordance with the bulk conditions that previously existed on the properties, without need for a special permit … Read Post

The N.Y. Department of Health (“NYSDOH”) recently revised its guidance on soil vapor intrusion, tightening guidelines on certain volatile chemicals and loosening guidelines on others. The revisions consist of an updated set of Soil Vapor/Indoor Air Decision Matrices, which prescribe recommended actions based on the concentrations of a specified chemical vapor inside a building and … Read Post

In one of the few cases examining the intersection between the State Environmental Quality Review Act (“SEQRA”) and the State Brownfield Cleanup Program (“BCP”), the New York State Supreme Court (Westchester County), on May 26, 2017, denied a motion to preliminarily enjoin a BCP cleanup and hotel development on a former quarry site in the … Read Post

The budget legislation signed by New York Governor Andrew Cuomo last month contains several high profile environmental provisions, including more than $1.5 billion in grants for drinking water infrastructure improvements; the creation of a new Drinking Water Council to develop a plan for addressing “emerging” contaminants such as perfluorooctane sulfonate (“PFOS”) and 1-4 dioxane; and … Read Post

DEC recently released a draft revision of its Brownfield Cleanup Program (“BCP”) guidance document, DER-32/Brownfield Cleanup Program Applications and Agreements. This document provides guidance on the BCP application process, as well as the content of and process for executing, amending and terminating a Brownfield Cleanup Agreement (“BCA”). The revisions are intended to reflect the 2015 … Read Post

On July 29, 2016, the New York State Department of Environmental Conservation (“DEC”) formally adopted new rules for its Brownfield Cleanup Program (“BCP”), which will go into effect on August 12, 2016. The new rules were initially proposed on June 10, 2015, with minor revisions to the proposed rules published on March 9, 2016. The … Read Post

On March 9, 2016, the New York State Department of Environmental Conservation (“DEC”) published revisions to its proposed regulations defining certain eligibility criteria for tangible property tax credits under the amended Brownfield Cleanup Program (“BCP”) law.  The changes would relax elements of the previously proposed criteria, although not to the extent sought by the New … Read Post

The New York State Department of Environmental Conservation (“DEC”) recently proposed regulations to define key terms in the statutory amendments to the Brownfield Cleanup Program (“BCP”). DEC is accepting public comments through August 5th, 2015 on these proposed regulations, which have significant implications for the availability of brownfield redevelopment tax credits. The Environmental Law Section … Read Post

Last week, the New York State Department of Environmental Conservation (“DEC”) proposed regulations to define key terms used in recent statutory amendments to the Brownfield Cleanup Program (“BCP”). The proposed regulations define a “brownfield site” as “any real property where a contaminant is present at levels exceeding the soil cleanup objectives or other health-based or … Read Post

New York State has enacted major amendments to the New York State (“NYS”) Brownfield Cleanup Program (“BCP”), which grants liability protection and tax credits to developers who remediate certain contaminated sites. The following is an analysis of those BCP amendments, with particular focus on issues of interest to current and prospective BCP applicants and developers. Of interest to current … Read Post