Environmental Restrictions Now Fully Enforceable by NYC DOB

Corporate and Real Estate Transactions, Environmental Due Diligence, NYC OER /

In June, the NYC Department of Buildings (DOB) completed uploading into its Buildings Information System (BIS) approximately 200 Restrictive Declarations (RD) that can impose certain environmental obligations relating to hazardous materials. This action means that parties seeking building permits and certificates of occupancy for sites subject to RDs will have to demonstrate they have satisfied […]

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NY Legislature Passes Brownfield Extender Bill But Will It Matter?

Brownfields, New York Brownfield Cleanup Program /

[Update: At a bill signing ceremony in Buffalo on June 24th, Governor Cuomo was quoted as saying he would sign the BCP extension] On June 20th, the NY State Senate approved legislation that would extend the expiration of the Brownfield Cleanup Program (BCP) to March 31, 2017. The same bill had been passed by the Assembly earlier

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Kiddie Kollege Ruling Highlights Importance of Performing PAs in NJ Transactions

Corporate and Real Estate Transactions, Environmental Due Diligence, NJ Spill Act /

Nearly eight years after a New Jersey day care was forced to close down because of mercury contamination, the legal fallout continues.  In the latest legal salvo involving the infamous Kiddie Kollege Daycare & Preschool, Inc, (Kiddie Kollege), a New Jersey trial court ordered the current property owner who leased the contaminated building to the

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Glimmer of Hope Emerges for BCP Reform

New York Brownfield Cleanup Program /

Since Governor Andrew Cuomo and the Legislature reached an agreement on the 2014 budget, there has been frustrating little progress on extending the Brownfield Cleanup Program (BCP). In the absence of any forward movement, developers have been rushing to submit applications to the BCP so they could obtain a certificate of completion (COC)   before the BCP tax

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Problems Emerge with New CREC Definition

Brownfields, CERCLA, consultant malpractice, Corporate and Real Estate Transactions, Environmental Due Diligence, Lender Liability, vapor intrusion /

After a little more than six months after ASTM issued its new E1527-13 Phase 1 standard practice, problems are emerging over the new definition Controlled Recognized Environmental Condition (CREC) definition. The difficulties are related to the definition itself and differences among state environmental programs. Before discussing the CREC problems, a little background might be helpful

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BCP Reform Not Part of Budget Deal

New York Brownfield Cleanup Program /

[updated March 31st] In January, Governor Cuomo proposed sweeping reforms to the Brownfield Cleanup Program (BCP). The proposed changes rattled the real estate industry and caused a surge of BCP applications filed by developers who wanted to enroll in the BCP before the proposed tax changes too effect. On Wednesday morning, though, stakeholders involved in the BCP

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NY Senate Introduces It Own BCP Reform Package

Navigation Law, New York Brownfield Cleanup Program, NYC OER, oil spills /

[Updated] A month after Governor Cuomo proposed sweeping reforms to the Brownfield Cleanup Program, the New York State Senate proposed its own BCP amendments. The bill (S. 6359—C) is available at here. The legislation includes a number of the changes proposed by the Governor’s bill including extending the BCP tax credits to 2025, extending the hazardous

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OER Proposes Amendments to Brownfield Incentive Grant Program

NYC OER /

The New York City Office of Environmental Remediation (OER) has proposed rules that would amend its Brownfield Incentive Grant (BIG) Program. The proposed rule will continue the BIG Program at reduced appropriations. In addition, OER is proposing additional changes to the BIG program to increase the program’s value for developers remediating brownfields across the city.

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