Periconi, LLC

March 2010 Archives

New York's Highest Court Overturns a DEC Brownfield Cleanup Program Eligibility Determination - Part II.

Continuing with our prior post, this post discusses the Court of Appeal's ruling in In the Matter of Lighthouse Pointe Property Associates, LLC v. New York State Department of Environmental Conservation, 2010 NY Slip Op 1377, 2010 N.Y. LEXIS 35, (Ct. App. Feb. 18, 2010), and the implications of that decision. 

New York's Highest Court Overturns a DEC Brownfield Cleanup Program Eligibility Determination - Part I.

On February 18, 2010, New York's highest court overturned the DEC's denial of an upstate New York development's application for admission into the State's Brownfield Cleanup Program ("BCP" or "Program"). In the Matter of Lighthouse Pointe Property Associates, LLC v. New York State Department of Environmental Conservation, 2010 NY Slip Op 1377, 2010 N.Y. LEXIS 35, (Ct. App. Feb. 18, 2010). As the first Brownfield Cleanup Act ("BCA") case to reach the Court of Appeals, this decision may have implications for how New York State courts interpret the BCA, how DEC makes eligibility determinations, and therefore for an easier entry into the Program. 

EPA lists Gowanus Canal on the National Priorities List

On March 2, 2010, the EPA listed the Gowanus Canal in Brooklyn on the National Priorities List (NPL), making it a federal Superfund site. The New York State Department of Environmental Conservation urged EPA to consider the Gowanus Canal for inclusion on the NPL in December 2008, and EPA proposed listing it on the NPL in April 2009. New York City opposed the listing, claiming it had an "alternative plan" to clean up the Canal that would cost less and take less time. EPA said in its statement announcing the decision that, "The Agency has determined that adding the site to the Superfund list is the best way to clean up the heavily contaminated canal." Indeed, the site's Superfund status will now allow EPA to use federal monies to clean up the site.

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