Brownfield Cleanups in New York

New York State's highest court recently overturned the NYSDEC's denial of entry into the Brownfield Cleanup Program (BCP) of a contaminated site in upstate New York, where the cost of remediation was two to three times the value of the property in Lighthouse Pointe Property Associates, Inc. v. New York State Department of Environmental Conservation. The case turned on whether the contamination would "complicate the redevelopment of the site." The Court rejected NYSDEC's argument that their own Soil Cleanup Objectives (SCO's) should have no bearing on whether a site is granted admission into the BCP, even though the SCO's will later be used to determine whether the site owner receives a liability release upon remediation completion. The Court's decision recognized the importance that the release of liability plays in the development of a contaminated site.

Assisting Businesses in Cleanup and Redevelopment Efforts at Contaminated New York Sites

With a hand in the development of New York's 2003 Brownfield Cleanup Act, attorney James J. Periconi can provide keen insight into the wealth of potential development opportunities created by this law. Periconi, LLC helps clients obtain similar benefits even when their properties are not eligible for the program created by this statute. The firm assists corporate clients and real estate developers in obtaining approvals from the State under New York's Brownfield Cleanup Act and under other programs to explore possible redevelopment of contaminated sites. For experienced assistance in applying for redevelopment permits at contaminated sites, contact the lawyers of Periconi, LLC today.

Redeveloping Mildly Contaminated Properties

In cases of New York properties that hold mild to moderate contamination levels, banking institutions have traditionally refused to loan money to fund cleanup and redevelopment initiatives; the risks involved were simply too high for these commercial institutions to absorb. The Brownfield Cleanup Act is one of several mechanisms that minimizes and limits the risks involved in financing the purchases, and in cleaning up, and redeveloping properties mildly contaminated with hazardous waste or petroleum. Especially after an important recent decision by New York’s Court of Appeals, developers may be able to obtain tax credits to assist in the exploration and redevelopment of polluted sites including former strip malls, shopping malls, and abandoned gas station operations. The Brownfield Cleanup Act and other legal mechanisms available through creative lawyering shields developers from the liability associated with churning up buried sources of soil and groundwater contamination.

Environmental Quality Review

Turning polluted sites into office buildings, playgrounds, and other productive uses also requires creativity, resources, and a painstakingly thorough environmental quality review. The dedicated attorneys of Periconi, LLC are committed to helping businesses turn their creative ideas into practical, effective solutions. To take full advantage of the redevelopment opportunities made possible by a variety of legal mechanisms, including the New York Brownfield Cleanup Act, contact the environmental law attorneys of Periconi, LLC today.