New York State Supreme Court holds DEC’s use of “But-For” Test is Contrary to the Brownfields Cleanup Program Statute

| December 10, 2008

The latest installment in the Brownfields Cleanup Program (BCP) eligibility saga involves a recent October 2008 case from the Supreme Court in New York County, East River Realty Company, LLC v. NYSDEC,  __ N.Y.S.2d ___, 2008 WL 4694535 (Sup.Ct. New York Cty. 2008), holding that DEC cannot use a “but-for” test when determining whether