In following our previous post concerning judicial review of DEC decisions to deny proposed developments entry into the Brownfield Cleanup Program, we discuss the New York County Supreme Court decision of HLP Properties, LLC v. New York State Department of Environmental Conservation, No. 08-115969, __ N.Y.S.2d __, 2008 N.Y. Slip Op. 28337 (N.Y.Sup.Ct. New York Cty. Sept. 12, 2008).
As noted in our previous post, in passing the recent Brownfield Cleanup Program Reform Legislation, the legislature did not amend the program's eligibility requirements. As previously discussed, NYSDEC has narrowly construed the Act's eligibility provisions and New York courts have been loath to overrule a NYSDEC decision of non-eligibility. (See our prior post, dated April 26, 2008: "New York Brownfields Law Update: Denial of Eligibility Decisions Mostly Upheld").
In our most recent post, we discussed the change in the credits allowed to brownfield developers under the new statute. We now turn our attention to monitoring requirements and the reporting thereof, and other aspects of the new law. To aid in the monitoring the brownfield program, the amendments introduce several distinct reporting requirements:
On July 23, 2008, Governor David Paterson signed Brownfield Reform Legislation to amend New York State's taxation and environmental conservation laws. These amendments seek to remedy previous problems with the State's law concerning the redevelopment tax credits allowed under the program, and to create oversight programs to monitor the program where none existed before.