How could contaminated land possibly be anything but a bargain? Really! Even though the price tag may seem cheap, the costs of environmental cleanup may greatly exceed the savings on the purchase price and make what seemed a good bargain a very bad one indeed. It all...
Firm News
DEC to Address Impacts of Mulching/Composting Facilities on Long Island
Mulching and composting are environmentally positive activities, right? Well, yes, in general. But recent reports released from the Department of Environmental Conservation (DEC) and Suffolk County Department of Health Services show potential groundwater impacts from...
NYC Digs Up New Solutions to Polluted Soil
Clean Soil: A Poem A fist of soil, by any other name would still be dirt. But dirty soil can be, might be clean soil, if given a chance to do so. First the obvious: we all know that soil is inherently dirty (it is dirt after all!). But not all soil is created equal....
Animal Feeding Operations to Face Updated Stormwater Permitting Requirements
When it comes to stormwater discharges from agricultural operations, every so often New York State (NYS) has to ask: where's the beef? As a result of that inquiry and after careful review of existing guidelines, the New York State (NYS) Department of Environmental...
U.S. Climate Alliance 2018 Initiatives
President Trump pulled out of the Paris Agreement back in 2017, but that doesn't mean that individual states are waiting on climate action. This past June marked the first anniversary of the U.S. Climate Alliance, and we are seeing our climate leaders take on new...
What’s the Big Deal with PFAs?
New kids on the block are getting serious attention. No, not the 90's boy band, but "emerging" contaminants known as per- and polyfluoroalkyl substances (PFAs). Think about the water coming out of your tap for a second. If your drinking water is provided by a public...
DEC Proposes Stormwater Permitting Rule for Wineries, Breweries, and Hard Cideries in New York
The New York State (NYS) Department of Environmental Conservation (the "DEC" or "Department") is brewing up new stormwater regulations that will directly affect licensed wineries, breweries, and hard cideries in New York State. The DEC's proposal requires issuance of...
New York Supreme Court Reverses Lead Agencies in SEQRA Case, Determined They Arbitrarily Misclassified Project That Will Disturb More Than 150 Acres of Land
"If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck." This simple idiom can be helpful in even the most complex circumstances. In a recent CPLR Article 78 case challenging a State Environmental Quality Review Act (SEQRA)...
Tenant Liability Exemption under CERCLA Broadens in 2018 Congressional Appropriations Law
The original goal of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was to clean up highly contaminated dump sites. Its provisions weren't meant to deal originally with your everyday contaminated parcel that is the subject of...
Second Circuit Affirms Dismissal of Onondaga Lake Contamination Suit Citing Federal Preemption
Even the best factual cases are no match for the principle of federal preemption, as residents of Camillus, New York learned the hard way.On May 25, 2018, the Second Circuit affirmed the Northern District of New York's judgment dismissing the lawsuit filed by Camillus...