OER

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

Brownfields, CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste, Navigation Law, New York Brownfield Cleanup Program, NY State Superfund, NYC OER, oil spills, PCBs, Underground Storage Tanks, vapor intrusion / By

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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OER’s Suite of Tools To Facilitate Brownfield Development

New York Brownfield Cleanup Program, NYC OER / By

Back in mid-November, the New York City Office of Environmental Remediation (OER) participated in a brownfield conference sponsored by the Environmental Law Section of the New York State Bar Association.  In a series of presentations, OER provided an update on the various initiatives it has created to help facilitate the redevelopment of contaminated properties in

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NYC Board of Standards and Appeals Grants Zoning Variance Due to Cleanup Costs

Brownfields, NYC OER / By

The NYC Board of Standards and Appeals (Board) granted a variance to facilitate construction of a four-story residential building in Marine Park, Brooklyn because of the costs to remediate soil contamination associated with historic uses at the development parcel. (BSA Bulletin No. 15, Vol. 100, BSA calendar no. 254-13-BZ, CEQR #14BSA032K) The Department of Buildings

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Amended BCP Becomes Effective but Not Fully Operational For NYC Sites

New York Brownfield Cleanup Program, NYC OER / By

The amendments to the New York State Brownfield Cleanup Program (BCP) became effective on July 1st—that is except for two key tax credit eligibility criteria for properties located in New York City. Moreover, the rollout of an important alternative to the BCP will be delayed until 2016. As regular readers of this blog are aware,

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OER Grants Available for Petroleum Assessments But Need to Move Quickly

Brownfields, CERCLA, New York Brownfield Cleanup Program, NYC OER, oil spills, Underground Storage Tanks / By

The NYC Office of Environmental Remediation just announced that it has a little over $100K to award for petroleum assessments this summer. The source  of the grant money is the brownfield revolving loan fund that was awarded by EPA to OER under section 104(k) of CERCLA. The federally-funded grant may be used for phase 1 or

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NYC OER To Issue Environmental Review and Assessment (ERA) letters

Brownfields, Corporate and Real Estate Transactions, Environmental Due Diligence, NYC OER / By

One of the key challenges facing purchasers of contaminated property is that the Bona Fide Prospective Purchaser, Contiguous Property Owner and Innocent Purchaser liability protections that are available under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) and similar state laws are self implementing. While EPA may occasionally enter into a

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NYC Developers Need to Anticipate Possible Hazardous Waste Fees

Brownfields, Hazardous Waste, Navigation Law, New York Brownfield Cleanup Program, NYC OER / By

Large swaths of New York City contain fill material that may contain constituents such as heavy metals. Other soils may contain VOCs, petroleum and lead paint from demolished buildings. As a result, brownfield projects in New York City can generate large quantities of excavated soil that may have to be managed as hazardous waste. Having

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NYC OER Issuing Comfort Letters To Facilitate Real Estate Transactions

Brownfields, Environmental Due Diligence, Lender Liability, Navigation Law, New York Brownfield Cleanup Program, NYC OER, Underground Storage Tanks, vapor intrusion / By

EPA and some state environmental agencies may occasionally issue “comfort letters” to facilitate a particular brownfield project to assuage concerns of developers or lenders about their potential liability. However, regulators have made it clear that they do not have the resources to review conclusions in phase 1 or phase 2 reports generated during routine real

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