The latest installment in the Brownfields Cleanup Program (BCP) eligibility saga involves a recent October 2008 case from the Supreme Court in New York County, East River Realty Company, LLC v. NYSDEC, __ N.Y.S.2d ___, 2008 WL 4694535 (Sup.Ct. New York Cty. 2008),...
Year: 2008
Recent Decisions from the New York State Supreme Court on Brownfield Cleanup Program Eligibility- Part II
In following our previous post concerning judicial review of DEC decisions to deny proposed developments entry into the Brownfield Cleanup Program, we discuss the New York County Supreme Court decision of HLP Properties, LLC v. New York State Department of...
Recent Decisions from the New York State Supreme Court on Brownfield Cleanup Program Eligibility-Part I
As noted in our previous post, in passing the recent Brownfield Cleanup Program Reform Legislation, the legislature did not amend the program's eligibility requirements. As previously discussed, NYSDEC has narrowly construed the Act's eligibility provisions and New...
New York State Passes Legislation to Reform the Brownfield Cleanup Act of 2003 – Part II
In our most recent post, we discussed the change in the credits allowed to brownfield developers under the new statute. We now turn our attention to monitoring requirements and the reporting thereof, and other aspects of the new law. To aid in the monitoring the...
New York State Passes Legislation to Reform the Brownfield Cleanup Act of 2003 – Part I.
On July 23, 2008, Governor David Paterson signed Brownfield Reform Legislation to amend New York State's taxation and environmental conservation laws. These amendments seek to remedy previous problems with the State's law concerning the redevelopment tax credits...
Asbestos – A Hazardous Office Building Material
Asbestos is a ubiquitous element of office building materials. The name is given to a number of naturally occurring, fibrous silicate minerals mined for their useful properties such as acoustic insulation, thermal insulation, chemical and thermal stability, and high...
Asbestos – A Hazardous Office Building Material
Asbestos is a ubiquitous element of office building materials. The name is given to a number of naturally occurring, fibrous silicate minerals mined for their useful properties such as acoustic insulation, thermal insulation, chemical and thermal stability, and high...
Responsibility for Soil Vapor Intrusion Mitigation
So, who is responsible for mitigating this soil vapor intrusion? The New York State Department of Environmental Conservation (DEC) describes the conditions under which the state will conduct the vapor intrusion evaluations and the order in which the sites will be...
New York State Guidance on Soil Vapor Intrusion
Today we continue our discussion on soil vapor intrusion. Some states like New York have developed detailed vapor intrusion guidance of their own. New York's guidance explicitly raises concerns about reliance on modeling and exterior soil vapor screening and...
Soil Gas Vapor in the Workplace
If worker right-to-know laws are intended to require employers to inform their employees of the specific hazards based on specific chemicals to which their employees are exposed in the workplace, soil gas vapor regulation is intended to fill a significant gap, namely...
