My Article on the New ASTM E1527-21 Phase 1 Standard
My article on the revisions to the ASTM Phase 1 Standard was published in April issue of The Practical Real Estate Lawyer.
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Brownfields
Expect Adverse Comments as EPA Drops Ball on ASTM Recognition
In our prior blog, we announced that the Environmental Protection Agency (“EPA”) would publish a proposed rule and direct final rule proposing to amend and amending the All Appropriate Inquiries rule (“AAI”) to reference the revised ASTM E1527-21 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process’’ (“E1527-21”) and allowing it to
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EPA Scheduled to Publish Recognition of ASTM E1527-21 in March 14th Federal Register
EPA has released a pre-publication copy of its proposed and direct final rule to recognize E1527-21 as a method for complying with its All Appropriate Inquiries (AAI) Rule. If EPA does not receive any negative comments, the final direct rule will become effective upon the expiration of the public comment period. Upon the effective date,
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Governor Hochul Announces Support For BCP Extension and Reform in State of State Report
Governor Kathy Hochul announced support extending the Brownfield Cleanup Program (BCP) in her State of the State report today. In addition to extending the BCP tax credits which are scheduled to sunset at the end of this year, the Governor’s State of the State Book states that: The Governor will also expand the tangible property
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NYS Budget Includes Limited Covid-Related Brownfield Amendment After Stakeholders Request More Comprehensive Reforms.
In a prior Post, we discussed that Governor Andrew Cuomo’s proposed executive budget for Fiscal Year 2022 provided an extra two years for owners of brownfield projects that received COCs between March 20, 2010 through January 1, 2012 to claim the qualified tangible property tax (QTP) credit. The extension was intended to provide relief to
In response to Covid Crisis, Governor Proposes to Extend Brownfield Tax Credits for Some Sites
Much like with the Great Recession of 2008, the Covid crisis has caused many brownfield projects to stall. As a result, BCP projects that received their Certificate of Completion (COCs) in 2010-11 are at risk of losing the right to claim the tangible property tax credit since the ten year period to put the property
NY State Appeals Court Rules NYSDEC Improperly Denied BCP Application
A state appeals court overturned a lower court decision and ruled that the New York State Department of Environmental Conservation (NYSDEC) had improperly denied a Brownfield Cleanup Program (BCP) application. In the Matter of Wythe Berry, LLC v. New York State Department of Environmental Conservation, 2020 N.Y. App. Div. LEXIS 7234 (App. Div.-2nd Dept. 11/25/2020).
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OER Launches Revised Searchable Property Environmental E-Database (SPEED 2.0)
The New York City Office of Environmental Remediation released an update to its Searchable Property Environmental E-Database (SPEED 2.0) environmental mapping tool in April. SPEED is a useful due diligence tool that allows users to obtain environmental information at a city, borough, neighborhood or site level. All of SPEED’s data is regularly updated to provide
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EPA Issues Guidance For Continuing or Suspending Response Actions During COVID-19 Crisis
In our post discussing EPA’s Enforcement Discretion guidance, we mentioned that EPA was working on guidance for performing remedial actions during the Covid-19 crisis. On April 10th, EPA issued its “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19” (Interim Guidance) to regional offices when determining to continue, reduce, or pause on-site
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Revised ESD Essential Services Guidance Appears to Include Phase 1 Reports and End Confusion for Consultants
As we discussed in a prior Post, the Empire State Development Corporation (ESD) issued a guidance document that were exempt from Governor Cuomo’s Executive Order 202.8 banning non-essential services from operating to control the spread of the covid19 virus. In response, the New York State Department of Environmental Conservation (“NYSDEC”) issued its own Guidance describing the