Even the best factual cases are no match for the principle of federal preemption, as residents of Camillus, New York learned the hard way.
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 intended post-cleanup use of the property.
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 indoor air contamination associated with soil vapor intrusion (SVI) that they receive. A caveat: owners only have to disclose those test results received by them from certain parties ("issuers") who are mostly private owners, including municipalities, which were required to generate the test data under a consent order or similar administrative order. The law took effect in December 2008.