Executive Order

President Trump Revokes 1994 Environmental Justice Memorandum

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On January 21st, President Trump issued an executive order that revoked a series of policies issued by his predecessors relating to diversity and equity.  This executive order specificiallly revoked Executive Order 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations) . Interestingly, Trump memorandum does not expressly […]

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President Trump Issues Executive Order Freezing Pending Regulations

enforcement /

Like every president since 1981, President Trump issued an executive order on his first day of office freezing pending federal regulations. The Trump order instructs federal agencies to immediately withdraw any rules that have been sent to the Office of Fdeeral Register  but not yet published in the Federal Register. For rules that were published

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

Brownfields, New York Brownfield Cleanup Program /

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

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Revised ESD Essential Services Guidance Appears to Include Phase 1 Reports and End Confusion for Consultants

Brownfields, CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste, New York Brownfield Cleanup Program, NY State Superfund /

As we discussed in a prior Post, the Empire State Development Corporation (ESD) issued a guidance document that were exempt from  Governor Cuomo’s  Executive Order 202.8 banning non-essential services from operating to control the spread of the covid19 virus. In response, the New York State Department of Environmental Conservation (“NYSDEC”) issued its own Guidance describing the

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

Brownfields, CERCLA, enforcement, Hazardous Waste, Navigation Law, New York Brownfield Cleanup Program, NY State Superfund, Underground Storage Tanks, vapor intrusion /

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

enforcement, New York Brownfield Cleanup Program, NY State Superfund /

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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