James J. Periconi, Esq. | December 28, 2011
The Court of Appeals of New York recently held that the New York State Department of Environmental Conservation (“DEC”) did not exceed its authority or act contrary to state law in enacting certain regulations with respect to remedial programs implemented to clean inactive hazardous waste disposal sites.
Category: Brownfields Cleanup, Environmental Contamination & General Liability in New York, New York State Environmental Law, NY Environmental Statutes, Codes, Regulations |
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Tags: BCP, Brownfield Cleanup program, cleanup removal, disposal, hazardous materials, NYSDEC, remediation
James J. Periconi, Esq. | October 18, 2011
Urban agriculture is exploding in cities – large and small – throughout the nation. In many cities, local land use laws and zoning ordinances are being amended or drafted to support this new-found passion. But with precious “green” space in cities (and rooftops in limited supply), many urban farmers may be forced to turn to [...]
Category: Brownfields Cleanup |
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Tags: brownfields cleanup, EPA, property, urban agriculture
James J. Periconi, Esq. | September 13, 2011
The DEC reported that it received 46 Brownfields Cleanup Program (“BCP”) applications during 2010-2011, an increase of 15% from the previous year. DEC approved 38 of those applications, up from 26 from the year before. This is good news both for developers and property owners, as well as for our communities and the environment.
Category: Brownfields Cleanup, New York State Environmental Law |
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Tags: Brownfield Cleanup program, New York State Department of Environmental Conservation, NYSDEC
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” [...]
Category: Brownfields Cleanup, New York State Environmental Law |
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Tags: "But For" Test, Brownfield Cleanup program, brownfields cleanup, coal gasification plant, New York State Department of Environmental Conservation, NYSDEC
James J. Periconi, Esq. | April 12, 2010
The First Department, in the Matter of East River Realty v. N.Y. State Department of Environmental Conservation, 2009 NY Slip Op 9381 (N.Y. App. Div., 1st Dep’t 2009), recently upheld a Supreme Court ruling that the New York State Department of Environmental Conservation (“NYSDEC”) cannot use a “but-for” test in determining
Category: Brownfields Cleanup |
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Tags: "But For" Test, Brownfield Cleanup program, brownfields cleanup, BRP, East River, New York State Department of Environmental Conservation
James J. Periconi, Esq. | March 31, 2010
Continuing with our prior post, this post discusses the Court of Appeal’s ruling in In the Matter of Lighthouse Pointe Property Associates, LLC v. New York State Department of Environmental Conservation, 2010 NY Slip Op 1377, 2010 N.Y. LEXIS 35, (Ct. App. Feb. 18, 2010), and the implications of that decision. Court of Appeals’ Decision [...]
Category: Brownfields Cleanup |
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Tags: brownfield cleanup program eligibility, DEC, lighthouse pointe, ny court of appeals
James J. Periconi, Esq. | March 30, 2010
On February 18, 2010, New York’s highest court overturned the DEC’s denial of an upstate New York development’s application for admission into the State’s Brownfield Cleanup Program (“BCP” or “Program”). In the Matter of Lighthouse Pointe Property Associates, LLC v.
Category: Brownfields Cleanup |
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Tags: Ambient Water Quality Standards, BCA, BCP, brownfields cleanup, Brownfields Cleanup Act, DEC, hazardous waste disposal, lighthouse pointe, New York State Court of Appeals, remediate
James J. Periconi, Esq. | 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
Category: Brownfields Cleanup |
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Tags: "But For" Test, BCP, Brownfield Cleanup program, CERClA liability, coal gasification plant, DEC
James J. Periconi, Esq. | December 8, 2008
In following our previous post concerning judicial review of DEC decisions to deny proposed developments entry into the Brownfield Cleanup Program, we discuss the New York County Supreme Court decision of
Category: Brownfields Cleanup |
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Tags: BCP, Brownfield Cleanup program, DEC, New York State Department of Environmental Conservation, remediation
James J. Periconi, Esq. | December 1, 2008
As noted in our previous post, in passing the recent Brownfield Cleanup Program Reform Legislation, the legislature did not amend the program’s eligibility requirements. As previously discussed, NYSDEC has narrowly construed the Act’s eligibility provisions and New York courts have been loath to overrule a NYSDEC decision of non-eligibility. (See our prior post, dated April [...]
Category: Brownfields Cleanup |
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Tags: Brownfield Cleanup program, constitution, DEC determination, environmental, equal protection clause, New York Supreme Court, Onondoga Court
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