Brownfields

EPA Withdraws Final Rule That Would Have Recognized ASTM E1527-21 While Continuing To Recognize ASTM E1527-13

As we  predicted,  EPA received numerous negative comments to its Direct Final Rule that would have recognized that the new ASTM E1527-21 phase 1 standard may be used to comply with the All Appropriate Inquires (AAI) rule for asserting certain landowner liability defenses and qualify for brownfield grants. All of the comments criticized EPA’s plan to …

EPA Withdraws Final Rule That Would Have Recognized ASTM E1527-21 While Continuing To Recognize ASTM E1527-13 Read More »

NY Budget Deal Extends BCP But Sloppy Language May Hamper Use of BCP for Affordable Housing Projects

The New York State budget process is notorious for its murky and secretive process. Under the State Constitution, the Governor proposes a budget in mid-January that contains substantive policy legislation and can unilaterally amend the proposal within 30 days. After the 30-day period expires, amendments can only be made with consultation of the Senate and …

NY Budget Deal Extends BCP But Sloppy Language May Hamper Use of BCP for Affordable Housing Projects Read More »

Expect Adverse Comments as EPA Drops Ball on ASTM Recognition

In our prior blog, we announced that the Environmental Protection Agency (“EPA”) would publish a proposed rule and direct final rule proposing to amend and amending the All Appropriate Inquiries rule (“AAI”)  to reference the revised ASTM E1527-21 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process’’ (“E1527-21”) and allowing it to …

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EPA Scheduled to Publish Recognition of ASTM E1527-21 in March 14th Federal Register

EPA has released a pre-publication copy of its proposed and direct final rule to recognize E1527-21 as a method for complying with its All Appropriate Inquiries (AAI) Rule.  If EPA does not receive any negative comments, the final direct rule will become effective upon the expiration of the public comment period. Upon the effective date, …

EPA Scheduled to Publish Recognition of ASTM E1527-21 in March 14th Federal Register Read More »

Governor Hochul Announces Support For BCP Extension and Reform in State of State Report

Governor Kathy Hochul announced support extending the Brownfield Cleanup Program (BCP) in her State of the State report today. In addition to extending the BCP tax credits which are scheduled to sunset at the end of this year, the Governor’s State of the State Book states that: The Governor will also expand the tangible property …

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NYS Budget Includes Limited Covid-Related Brownfield Amendment After Stakeholders Request More Comprehensive Reforms.

In a prior Post, we discussed that Governor Andrew Cuomo’s proposed executive budget for Fiscal Year 2022 provided an extra two years for owners of brownfield projects that received COCs between March 20, 2010 through January 1, 2012 to claim the qualified tangible property tax (QTP) credit. The extension was intended to provide relief to …

NYS Budget Includes Limited Covid-Related Brownfield Amendment After Stakeholders Request More Comprehensive Reforms. Read More »

In response to Covid Crisis, Governor Proposes to Extend Brownfield Tax Credits for Some Sites

Much like with the Great Recession of 2008, the Covid crisis has caused many brownfield projects to stall. As a result, BCP projects that received their Certificate of Completion (COCs) in 2010-11 are at risk of losing the right to claim the tangible property tax credit since the ten year period to put the property …

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NY State Appeals Court Rules NYSDEC Improperly Denied BCP Application

A state appeals court overturned a lower court decision and ruled that the New York State Department of Environmental Conservation (NYSDEC) had improperly denied a Brownfield Cleanup Program (BCP) application. In the Matter of Wythe Berry, LLC v. New York State Department of Environmental Conservation, 2020 N.Y. App. Div. LEXIS 7234 (App. Div.-2nd Dept. 11/25/2020). …

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OER Launches Revised Searchable Property Environmental E-Database (SPEED 2.0)

The New York City Office of Environmental Remediation released an update to its Searchable Property Environmental E-Database (SPEED 2.0) environmental mapping tool in April. SPEED is a useful due diligence tool that allows users to obtain environmental information at a city, borough, neighborhood or site level. All of SPEED’s data is regularly updated to provide …

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