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NY Superfund program

2025 Executive Budget Includes Sweeping Amendments to NY State Superfund (“SSF”) Program

Brownfields, CERCLA, New York Brownfield Cleanup Program, NY State Superfund /

As discussed in more detail on our New York Superfund (“SSF”) Program page, New York adopted the nation’s first superfund program in 1979 (formally known as Inactive Hazardous Waste Disposal Site Law) following discovery of the infamous Love Canal. Because the SSF pre-dates the federal Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”),  the New […]

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Appellate Court Restricts NYSDEC Ability to Spend Superfund Money

CERCLA, Hazardous Waste /

A legal maxim is that  bad facts often make bad law. It appears that complex facts may have confused an Appellate Division court in In the Matter of FMC Corporation vs New York State Department of Environmental Conservation, 2016 N.Y. App. Div. LEXIS 6785 (App. Div.-Third Dept. 10/20/16) where the three judge-panel appeared to rule

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NY Court of Appeals Finds PRP Letter Triggers Contractual Indemnification

CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste /

The New York State Court of Appeals held that a PRP letter issued by the New York State Department of Environmental Conservation (NYSDEC) was sufficient to trigger an indemnity obligation under a purchase and sale agreement. While lower courts have found PRP letters to constitute “suits” within the meaning of  a Comprehensive General Liability policy

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NY Legislature Extends Brownfield Tax Credits

Brownfields, New York Brownfield Cleanup Program /

Both houses of the New York Legislature passed bills that would extend the sunset date for the brownfield tax from March 31, 2015 to December 31, 2015. Parties remediating sites in the Brownfield Cleanup Program (BCP) must obtain certificates of completion (COC) from the NYS Department of Environmental Conservation (NYSDEC) by that date to be able

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NY Court of Appeals Hears Challenge to State Superfund Regulations

Hazardous Waste /

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

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