Posts marked "Brownfields Redevelopment"

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


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


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


As part of his January 21, 2015 executive budget proposal, Governor Andrew Cuomo proposed sweeping changes to the New York State (“NYS”) Brownfield Cleanup Program (“BCP”), which grants liability protection and tax credits to developers who remediate certain contaminated sites. Now, as the state’s April 1 deadline to approve a budget approaches, a total of … Read Post


For the second year in a row, Governor Andrew Cuomo proposed sweeping changes to the New York State Brownfield Cleanup Program (“BCP”) as part of his executive budget proposal, which was released on January 21, 2015.  The proposal comes less than a month after Governor Cuomo vetoed legislation extending the sunset date for tax credits … Read Post


Governor Andrew Cuomo vetoed the Brownfield Cleanup Program (“BCP”) extension bill passed by the New York State legislature this past June. The proposed bill would have extended the availability of tax credits under the BCP until March 31, 2017, without any changes to eligibility criteria. Under the current law, any party seeking BCP-related tax credits … Read Post