NY State Superfund

NYSDEC Clarifies Requirements for Execution and Submission of BCP Agreements and Amendments

The New York State Department of Environmental Conservation (“NYSDEC”)  has received numerous inquiries about issues arising with the execution of Brownfield Cleanup Program (“BCP”) agreements and amendments  because of the Covid19 pandemic. In response, the NYSDEC has issued the following guidance: The DYSDEC will grant reasonable extensions of time for the execution of Brownfield Cleanup …

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NYSDEC Issues Further Guidance on Essential Activities For Brownfield Projects

In a prior post, we discussed a letter NYSDEC issued to staff and standby contrators interpreting Governor Cuomo’s Executive Order 202.6 (EO) and the Empire State Development Corporation Guidance on shutdown of all non-essential services and activities. DEC has now posted further clarification on its  website that it considers the following activities as essential services: …

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NYSDEC Determines Remedial Activities Are “Essential Services” Under Governor’s Executive Order

On Saturday, March 21, 2020, New York Governor Andrew Cuomo issued a new Executive Order No. 202.8 (EO 202.8) “Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency ” requiring all businesses and not-for-profit entities to require 100%  of  workers to work from home effective at 8 p.m. Sunday, March 22, 2020.Businesses …

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NYSDEC Issues Revised Guidance for PFAS Sampling and Analysis

Earlier this month, the New York State Department of Environmental Conservation (NYSDEC) just released its new “Guidance for Sampling and Analysis of PFAS Under NYSDEC’s Part 375 Remedial Programs January 2020” (“PFAS Guidance”).  The purpose of the PFAS Guidance is to establish procedures for sampling PFAS and for determining if PFAS is a contaminant of concern for …

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Court Rules that “Hoosick Falls” SOL exception applies to Hoosick Falls Litigation- Duh!

Sweener v. St.-Gobain Performance Plastics Corp. 2018 U.S. Dist. LEXIS 19893 (N.D.N.Y. Feb. 7, 2018),  is the first reported decision interpreting CPLR  § 214-f-the 2016 amendment to the New York statute of limitations applicable to personal injuries or property damage resulting from latent effects of exposure to toxic substances. This lawsuit is one of several …

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