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Posts tagged "Brownfield Cleanup Program"

Soil Cleanup Tracks Under NYS Brownfield Cleanup Program - Know the Difference

2018 06 21 Soil Cleanup Track Blog Image2(JR).jpgHow 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 intended post-cleanup use of the property.

The Highs and Lows of New York's Proposed Budget on Environmental Programs

2018 03 07 Tax Credit Deferral Blog Image.jpg

Soil Vapor Intrusion Concern Prompts EPA to Support Revision to Phase I Environmental Site Assessment Protocol

The health threats posed by physical contact with contaminated soil or groundwater are well known. But increasingly, state and federal regulators are recognizing that harmful vapors from such contamination can be drawn into nearby buildings and pose a threat to the occupants. Known as soil vapor intrusion, this threat can come from undiscovered contamination beneath a building, or even from the remnants of previously remediated soil or groundwater.

Proposed Revisions to SEQRA Regulations Currently Under Review

During the summer of 2012, the DEC proposed its first substantive amendments to the State Environmental Quality Review Act (SEQRA) regulations since 1996. The DEC has explained that the amendments are meant to streamline the review process "without sacrificing meaningful review," but the potential impact of the proposed amendments appears to be somewhat mixed. The proposed amendments center most notably on the "scoping" process, the classification of certain types of projects, and the timeline of the SEQRA process.

DEC Did Not Act Outside of Its Authority in Promulgating Regulations that Required Cleanup of Contaminated Properties to "Pre-Disposal Conditions" under the State Inactive Hazardous Waste Disposal Site Act

The Court of Appeals of New York recently held that the New York State Department of Environmental Conservation ("DEC") did not exceed its authority or act contrary to state law in enacting certain regulations with respect to remedial programs implemented to clean inactive hazardous waste disposal sites. 

DEC Reports Increase in Brownfields Applications and Approvals; NYS Bar's Efforts to Improve the Program Overall

The DEC reported that it received 46 Brownfields Cleanup Program ("BCP") applications during 2010-2011, an increase of 15% from the previous year. DEC approved 38 of those applications, up from 26 from the year before. This is good news both for developers and property owners, as well as for our communities and the environment. 

Update on Brownfields Program Eligibility: The First Department Upholds the Supreme Court's Rejection of DEC's Use of a "But-For" Test

Late last year, the First Department, in the Matter of East River Realty v. N.Y. State Department of Environmental Conservation, 2009 NY Slip Op 9381, 68 A.D.3d 564 (N.Y. App. Div., 1st Dep't Dec. 17, 2009), upheld a Supreme Court ruling that the New York State Department of Environmental Conservation ("NYSDEC") cannot use a "but-for" test in determining eligibility into its Brownfield program. We reported on the Supreme Court's decision in a prior post, and refer you there for a recitation of the relevant facts and reasoning of the Supreme Court. 

The First Department Upholds the Supreme Court's Rejection of DEC's Use of a "But-For" Test in Determining Eligibility under the Brownfield Program

The First Department, in the Matter of East River Realty v. N.Y. State Department of Environmental Conservation, 2009 NY Slip Op 9381 (N.Y. App. Div., 1st Dep't 2009), recently upheld a Supreme Court ruling that the New York State Department of Environmental Conservation ("NYSDEC") cannot use a "but-for" test in determining eligibility into its Brownfield program. We reported on the Supreme Court's decision in a prior post, and refer you there for a recitation of the relevant facts and reasoning of the Supreme Court. 

New York State Supreme Court holds DEC's use of "But-For" Test is Contrary to the Brownfields Cleanup Program Statute

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), holding that DEC cannot use a "but-for" test when determining whether environmental contamination at a site "complicates" the redevelopment of that site.

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