Air Pollution – Soil Vapor Intrusion
Environmental Law Video
Lawyer & Attorney ReferralsDEC Reports Increase in Brownfields Applications and Approvals; NYS Bar’s Efforts to Improve the Program Overall
Posted By James J. Periconi, Esq. on 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.
At the same time, a task force of the New York State Bar Association’s Environmental Law Section (the “Section”) is working hard to improve the program overall. Topics under consideration include possible revisions to BCP eligibility criteria; the possible establishment of a non-tax-credit based cleanup program; encouraging renewable energy at brownfield sites; whether lessons learned from New York City’s own brownfield program might be useful in considering changes to the State’s program; and the interrelationship of BCP cleanups and Navigation Law cleanups. We will keep you informed about the task force’s findings and recommendations if and when the Section makes recommendations formally for changes in the State’s program as a result.
About the author
James J. Periconi, Esq.
James Periconi’s practice focuses almost equally on commercial property transaction counseling, on environmental regulatory matters in the U.S. Environmental Protection Agency and the New York State Department of Environmental Conservation (DEC), and on environmental litigation in the federal and state courts. A former Chief of Solid and Hazardous Waste Enforcement for the State DEC and an Assistant New York Attorney General prosecuting civil and criminal environmental cases, he has in private practice since 1989 had substantial experience representing defendants in governmental actions brought for remediation of Superfund and other contaminated sites, and for prosecution and defense of private cost recovery actions for such sites.
Comments
Leave a Reply
Please note: Comment moderation is currently enabled so there will be a delay between when you post your comment and when it shows up. Patience is a virtue; there is no need to re-submit your comment.
cforms contact form by delicious:days