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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. 

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