How should you determine the extent of soil cleanup at a proposed brownfield site? For applicants of the New York State Brownfield Cleanup Program (BCP), that decision ultimately depends on several factors, including funds available for site remediation and the...
Firm News
NYSDEC Will Use Discretion in Enforcing Revamped Solid Waste Regulations
Sometimes, administrative agencies listen when people voice their concerns about new regulations. In September 2017, the Department of Environmental Conservation ("DEC") completely revamped the State's solid waste regulations, in an effort to make it easier for...
New York Federal Court Holds Consent Order Fails to Resolve CERCLA Liability, Allows Cost Recovery Action Under Section 107
Consent orders can be a useful tool to resolve liability under the federal Superfund Law (a/k/a CERCLA) (read our recent blog post on this very point). In a recent case filed in the Northern District of New York, plaintiffs, Cooper Crouse-Hinds ("CCH") and Cooper...
Environmental Organizations Challenge DEC’s Statewide Permit for Industrial Facilities
Does everyone agree that the New York State Department of Environmental Conservation ("DEC") is properly doing its job of protecting the environment in the state? Apparently not. Sometimes activists conclude that the agency's actions are not in the best interest of...
What Tenants Need to Know about Indoor Air Contamination Associated with Soil Vapor Intrusion
In September 2008, then Governor David A. Paterson signed legislation adding a new section to the Environmental Conservation Law (ECL 27-2405) requiring property owners or owners' agents (such as management companies) to notify tenants of any test results related to...
The Power of a Consent Order and a Consent Decree
How valuable is a consent order or a consent decree, and what is the difference? First, the basics: a consent order is typically an administrative agency contract with a private party, but is not filed in a court as part of a litigation. Despite not being filed in a...
Statute of Limitations Prevents Long Island Homeowners from Recovering Damages from Environmental Contamination
What could be more frustrating than learning that your property has been damaged from contamination, but you can't recover any money because you didn't start legal action soon enough? That's what happened to 100 homeowners in a hamlet of Bay Shore who claimed injuries...
Brooklyn Bridge Park Development Moving Forward After Dismissal of Lawsuit About Environmental Review
Providing affordable housing and protecting the environment are important considerations in many New York City real estate projects that (at first blush) seem to be incompatible with one another - how can a developer balance the two? This is a challenging question...
Cuomo to DEC: Do More to Protect Long Island’s Groundwater from Compost Facilities
In many parts of the country, access to clean, drinkable water has become a privilege instead of a right. That's why protecting existing sources of potable water is a top priority for all. In an effort to address the sole source of subsurface drinking water on Long...
The Highs and Lows of New York’s Proposed Budget on Environmental Programs
The details of Governor Cuomo's $168 billion proposed budget for Fiscal Year (FY) 2019, which begins on April 1, 2018, and makes projections from FY 2018 through FY 2022, were released in January. As the State is facing a potential budget deficit nearing $4 billion,...