January 2016

NY Court of Appeals Finds PRP Letter Triggers Contractual Indemnification

CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste /

The New York State Court of Appeals held that a PRP letter issued by the New York State Department of Environmental Conservation (NYSDEC) was sufficient to trigger an indemnity obligation under a purchase and sale agreement. While lower courts have found PRP letters to constitute “suits” within the meaning of  a Comprehensive General Liability policy […]

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NYSDEC Adopts Revised Petroleum and Hazardous Substance Bulk Storage Regulations

oil spills, Underground Storage Tanks /

The New York State Department of Environmental Conservation (NYSDEC) has made extensive changes to its regulations pertaining to the handling and storage of petroleum and hazardous substances. Specificially, the revisions were made to the Petroleum Bulk Storage (PBS) regulations (6 NYCRR Parts 612-614), the Chemical Bulk Storage regulations (6 NYCRR Parts 596-599), the Used Oil

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Principal New York State Environmental Laws Impacting Commercial Leasing Transactions

Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste, New York Brownfield Cleanup Program, Underground Storage Tanks /

Parties to commercial leasing transactions frequently overlook environmental issues because they believe that tenants who do not use large quantities of hazardous chemicals will not be exposed to significant environmental liability. Consequently, the parties may do little to no environmental due diligence and use obsolete or boilerplate lease provision that do not specifically allocate environmental

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OER’s Suite of Tools To Facilitate Brownfield Development

New York Brownfield Cleanup Program, NYC OER /

Back in mid-November, the New York City Office of Environmental Remediation (OER) participated in a brownfield conference sponsored by the Environmental Law Section of the New York State Bar Association.  In a series of presentations, OER provided an update on the various initiatives it has created to help facilitate the redevelopment of contaminated properties in

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