Expiration of BCP Tax Credits Could Lead to Surge in “Pave and Wave” Cleanups

Brownfields, New York Brownfield Cleanup Program /

The New York Brownfield Cleanup Program (BCP) is known for producing robust cleanups. One reason is the stringent cleanup standards of 6 NYCRR Part 375 but another is the BCP  tax credits that reward applicants who achieve track 1 unrestricted cleanups. Applicants that achieve unrestricted (track 1) cleanups are entitled to claim 50% of their […]

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NYC Enacts New Disclosure Law for School Sites

Disclosure of Environmental Liabilities, Environmental Due Diligence /

On February 5th, New York City Mayor Bill de Blasio signed into law Int. No. 126-A (Local Law 12) requiring the Department of Education (DOE) promptly notify parents and other community groups of sampling results identifying elevated levels of in any public school or any proposed public school owned or leased by the DOE. The

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NYSBA Brownfield Task Force Issues Report Recommending Changes to Brownfield Program

New York Brownfield Cleanup Program, NYC OER /

Following the failure of the Legislature and Governor to reach agreement on comprehensive reform of the Brownfield Cleanup Program (BCP), the Brownfield Task Force (BTF) of the New York State Bar Association, which I co-chair with David Freeman, convened a cross-section of stakeholders to study the BCP. After a series of meetings and conference calls,

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NYSDEC Proposes Amendments to Haz Waste Rules

Environmental Due Diligence, Hazardous Waste /

The New York State Department of Environmental Conservation is proposing significant changes to its hazardous waste management regulations (6 NYCRR Parts 370-374 and 376). The proposed amendments are available here. The proposed changes will incorporate thirty-seven (37) amendments to the federal Resource Conservation and Recovery (RCRA) regulations that have been adopted by the federal Environmental

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Governor Cuomo Proposes BCP Reform: Déjà vu all over again?

Brownfields, New York Brownfield Cleanup Program, NYC OER /

Governor Andrew Cuomo  unveiled his 2015-16 budget on January 21st. As anticipated, the budget contains sweeping reforms to the Brownfield Cleanup Program (BCP) in Part R of the Revenue Article VII Legislation. The BCP amendments are substantially similar to the changes proposed in 2014 which some tweaking around the margins.  Click here for a copy of

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Do Clients Have To Complete Consultant Questionnaires To Comply With AAI?

CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence, Lender Liability /

The short answer is no. Environmental consultants routinely submit environmental questionnaires to property owners and their clients as part of the phase 1 process. Some consultants tell their clients that they are obligated to complete the questionnaire to be able to comply with EPA’s All Appropriate Inquires (“AAI”) rule. A few go as far as

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50% of BCP Projects Fail to Obtain COCs in 2014

New York Brownfield Cleanup Program /

Earlier this year, we reported that the New York State Department of Environmental Conservation (NYSDEC) was expecting to issue a record number of Certificates of Completion (COCs) under the Brownfield Cleanup Program (BCP) in 2014. Based on anticipated project completion dates provided by applicants, NYSDEC projected that it could issue as many as 92 BCP COCs by

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Does A Phase 1 Have To Be Issued To The Person Seeking To Comply With AAI?

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

Purchasers who want to be able to assert the CERCLA Bona Fide Prospective Purchaser (BFPP), Innocent Landowner (ILO) or Continuous Property Owner (CPO) landowner liability protections (LLPs) need to conduct a pre-acquisition investigation that complies with EPA’s All Appropriate Inquires (AAI) rule. A question that is surfacing with surprising frequency is if the phase 1

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