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),...
Brownfields Cleanup
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...
New York Brownfields Law Update: Denial of eligibility decisions mostly upheld
In 2003, the New York Legislature passed the Brownfield Cleanup Program, ECL § 27-1401 et seq. The benefits of the Brownfield Cleanup Program ("BCP") are many: the developer receives a liability release from the State following DEC oversight during the cleanup of...