Court Allows Town’s Trespass and Strict Liability Claims against Neighboring Company to Go Forward

| March 19, 2012

In a recent opinion, Town of Windsor v. Avery Dennison Corp., 2012 U.S. Dist. LEXIS 27264 (S.D.N.Y. Mar. 1, 2012), the United States District Court for the Southern District of New York allowed a town’s claims of strict liability for ultrahazardous activities and trespass against a neighboring manufacturing company to proceed, while dismissing the town’s [...]

New York Brownfields Law Update: Denial of eligibility decisions mostly upheld

| April 26, 2008

In 2003, the New York Legislature passed the Brownfield Cleanup Program, ECL § 27-1401 et seq.  The benefits of the Brownfield Cleanup Program (“BCP”) are many:  the developer receives a liability release from the State following DEC oversight during the cleanup of the property. The most coveted benefit, however, is a tax credit of up [...]