The New York Court of Appeals heard oral argument on November 14th on whether the New York State Department of Environmental Conservation (NYSDEC) exceeded its authority when its set a goal of cleaning hazardous sites to “pre-disposal conditions” in its superfund regulations. After the NYSDEC revised its Part 375 regulations in 2006, the New York […]
NY Court of Appeals Hears Challenge to State Superfund Regulations Read More »
Article 12 of the New York State Navigation Law imposes strict liability on “dischargers” of petroleum. The term “discharger” has been broadly construed so that it can encompass owners of property with abandoned or inactive underground storage tanks (USTs) even where the owners never used the tanks. A recent New York State appeals court illustrates
NY State Court Affirms Broad Liability for Owners of Property With Old USTs Read More »
Section 198(a) of the Internal Revenue Code allows owners of qualified brownfield sites to deduct their cleanup costs in the year they are incurred. To qualify for this deduction, the owner must obtain a certification from the state where the site is located that the site qualifies as a brownfield. The NYC Office of Environmental
NYC Brownfield Projects Now Eligible for IRS Tax Deduction Read More »
Purchaser found contamination after closing and filed lawsuit under citizen suit provision of RCRA 7002 . Defendant brings counterclaim asserting that plaintiff is obstructing remediation by denying access. Court denies plaintiff motion to dismiss on grounds that its obstruction could be construed as active storage of wastes and allowing continued leaching of wastes. Therefore, plaintiff
Under article 12 of the New York State Navigation Law (Oil Spill Act), “dischargers” of petroleum are strictly liable for cleanup and removal of petroleum spills. To ensure that petroleum spills are promptly remediated, the Oil Spill Act created the State Environmental Protection and Spill Compensation Fund (Oil Spill Fund) to finance state cleanups when
NY Ct Upholds Oil Spill Lien Procedures Read More »
Last year, the brownfield community was rattled by the Ashley II decision of United States District court for the District of South Carolina holding that a brownfield developer failed to comply with the requirements of the Bona Fide Prospective Purchaser defense. The court ruled the developer did not comply with its post-closing continuing care obligations
No Further Action (NFA) letters have become an important tool in transactions involving contaminated properties. Contracting party often use issuance of an NFA letter has the mechanism for establishing that a party has satisfied its obligations under an agreement. Issuance of an NFA letter often also operates as a release of statutory liability and may
Court Allows Claims To Proceed Despite NFA Letter Read More »
In the wake of the Great Recession, many foreign investors are buying bulk quantities of condominium units at what they perceive to be distressed prices for projects located in certain gateway cities such as Miami and New York. Frequently, these condominium projects are developed on brownfield sites. In phased transactions where multiple buildings are constructed
The New York City Office of Environmental Remediation (OER) will be announcing new financial benefits and other incentives for its landmark NYC Brownfield Program at a workshop on November 9th. The new benefits will include the following: New: $590,000 in Federal grants to be available for environmental investigation New: Certification now available to enable deduction of cleanup
NYC Brownfield Program To Announce New Financial Incentives Read More »
EPA recently recognized the NYC brownfield cleanup program-the first time a municipal cleanup program has received such status. The recognition under section 104(k) of CERCLA means that the City’s Office of Environmental Remediation (OER) is an “eligible entity” which may apply for and use federal brownfield investigation and cleanup grants and loans. It is important to note that this
EPA Region 2 Office Officially Recognized NYC Brownfield Program Read More »