New York Brownfield Cleanup Program

NYC OER Issuing Comfort Letters To Facilitate Real Estate Transactions

Brownfields, Environmental Due Diligence, Lender Liability, Navigation Law, New York Brownfield Cleanup Program, NYC OER, Underground Storage Tanks, vapor intrusion /

EPA and some state environmental agencies may occasionally issue “comfort letters” to facilitate a particular brownfield project to assuage concerns of developers or lenders about their potential liability. However, regulators have made it clear that they do not have the resources to review conclusions in phase 1 or phase 2 reports generated during routine real […]

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NYC Receives Grant from Regional Economic Council For Brownfield Grant Program

New York Brownfield Cleanup Program, NYC OER, oil spills, wetlands /

Empire State Development (ESD) recently announced $738 million in funds have been awarded through Round Two of the Regional Economic Development Council initiative.  Regional Councils were put in place in 2011 to redesign the state’s approach to economic development from a top-down model to a community-based, performance-driven approach. One of the awards is a $500K

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NYC Brownfield Grant Program Funding Hits Limit

environmental insurance, New York Brownfield Cleanup Program, NYC OER /

The NYC Brownfield Program has been a popular tool for moderately contaminated sites because of the streamlined approach that allows sites to complete remediation fairly quickly. Properties that are remediated through the NYC BCP receive a Notice of Completion, which includes New York City liability release, a statement from the NYS Department of Environmental Conservation

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NY Legislature Extends Brownfield Tax Credits

Brownfields, New York Brownfield Cleanup Program /

Both houses of the New York Legislature passed bills that would extend the sunset date for the brownfield tax from March 31, 2015 to December 31, 2015. Parties remediating sites in the Brownfield Cleanup Program (BCP) must obtain certificates of completion (COC) from the NYS Department of Environmental Conservation (NYSDEC) by that date to be able

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Demystifying Environmental Investigations To Clients

Environmental Due Diligence, New York Brownfield Cleanup Program /

One of the more daunting tasks of environmental consultants and lawyers is to explain the environmental investigation and remediation process to clients and the public. Part of the problem is that many business people do not have a strong science foundation and may not understand some of the issues associated with environmental contamination. In addition,

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NYC Brownfield Program Generates $200 in tax revenues for every $1 of Cleanup Grants

Brownfields, New York Brownfield Cleanup Program, NYC OER /

The landmark NYC brownfield program demonstrates the economic benefits of brownfield programs.  The Office of Environmental Remediation (OER) which is responsible for administering the program has calculated the benefits of the first 47 projects that enrolled in the program. The OER analysis indicates that these projects generated city revenue of $369 MM  on a 30-

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CERCLA Contribution Action Not Available for BCP/VCP Cleanup

Brownfields, CERCLA, New York Brownfield Cleanup Program /

In Queens W. Dev. Corp. v. Honeywell Int’l, 2011 U.S. Dist. LEXIS 91795 (D.N.J. 2011), the plaintiff developers commenced remedial activities at two parcels that were accepted into the New York State Department of Environmental Conservation (NYSDEC) Brownfield Cleanup Program (BCP) and Voluntary Cleanup Program (VCP). Plaintiffs filed a lawsuit against the defendants as successors

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NYC Brownfield Projects Now Eligible for IRS Tax Deduction

Brownfields, New York Brownfield Cleanup Program, NYC OER /

Section 198(a) of the Internal Revenue Code allows owners of qualified brownfield sites to deduct their cleanup costs in the year they are incurred. To qualify for this deduction, the owner must obtain a certification from the state where the site is located that the site qualifies as a brownfield. The NYC Office of Environmental

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