Air Pollution – Soil Vapor Intrusion
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Lawyer & Attorney ReferralsUpdate on Brownfields Program Eligibility: The First Department Upholds the Supreme Court’s Rejection of DEC’s Use of a “But-For” Test
James J. Periconi, Esq. | October 8, 2010
Late last year, the First Department, in the Matter of East River Realty v. N.Y. State Department of Environmental Conservation, 2009 NY Slip Op 9381, 68 A.D.3d 564 (N.Y. App. Div., 1st Dep’t Dec. 17, 2009), upheld a Supreme Court ruling that the New York State Department of Environmental Conservation (“NYSDEC”) cannot use a “but-for” [...]