oil spills

NY Governor Sends Revised BCP Reform Bill to Legislature

Brownfields, environmental insurance, Hazardous Waste, Navigation Law, New York Brownfield Cleanup Program, NYC OER, oil spills, vapor intrusion /

Earlier this week, Governor Cuomo sent his sweeping BCP reforms to the State Legislature. Under the state Constitution, the Governor has 30 days to make technical amendments to his budget legislation without involving the legislature. Despite vociferous complaints by brownfield developers, environmental lawyers and affordable housing advocates about the severe curtailments to the categories of projects […]

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New York’s Quirky Rules for Heating Oil Storage Tanks

Corporate and Real Estate Transactions, Environmental Due Diligence, Navigation Law, oil spills, Underground Storage Tanks /

Storage tanks used for the storage of heating oil for on-site consumptive use are excluded from federal underground storage tank (UST) program.  However, a number states including New York regulate heating oil tanks. There are approximately 3 million residential heating oil tanks in New York State. While home heating oil tanks for single family homes

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NYSDEC Proposes Changes to Petroleum and Hazardous Substance Storage Tank Regs

Corporate and Real Estate Transactions, Navigation Law, oil spills, Underground Storage Tanks /

During the summer, NYSDEC issued draft revised regulations to its Petroleum Bulk Storage (PBS), the Major Oil Storage Facility (MOSF) program and the Chemical Bulk Storage (CBS) program. The revisions are intended to make the PBS and CBS regulations consistent with the federal underground storage (UST) regulations codified at 40 CFR Part 280 so that

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NYSDEC Adds New Categories of Sites To Database To Chagrin of Some Property Owners

Corporate and Real Estate Transactions, Disclosure of Environmental Liabilities, Environmental Due Diligence, Hazardous Waste, New York Brownfield Cleanup Program, oil spills /

The New York State Department of Environmental Conservation (NYSDEC) recently announced that it had added approximately 1,950 sites to its Environmental Site Remediation Database Search database of sites that are subject to one of the agency’s remedial programs. The  NYSDEC said it was adding these additional sites to facilitate real estate transactions and address the

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Ct Allows Claim Agst Consultant For Missing Contamination at Lowe’s Site To Proceed

Brownfields, consultant malpractice, Corporate and Real Estate Transactions, Environmental Due Diligence, environmental insurance, oil spills, Underground Storage Tanks /

Some time ago, we discussed the $14MM lawsuit filed by Lowe’s Home Centers  against a consultant. Lowe’s alleged  that the consultant failed to identify all areas that had been contaminated with PCBs and the store opening was delayed because of complications associated with the previously unknown PCB-contaminated soil was improperly disposed. The matter eventually settled Another

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NJ Shopping Center Owner Waits Too Long to Bring Spill Act Claim

Corporate and Real Estate Transactions, Environmental Due Diligence, NJ Spill Act, oil spills, Underground Storage Tanks /

Commercial property owners and asset multi-family buildings usually retain property managers firms to handle the daily operations of properties ranging from leasing, record-keeping, routine maintenance and emergency repairs. We previously discussed on how the importance of property managers understanding environmental issues, particularly the nuances of the requirements heating oil tanks for multi-family buildings. A recent New

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Landlord Liable For NYSDEC Costs Responding to Vapors at Off-Site Properties

MTBE, Navigation Law, oil spills, Underground Storage Tanks, vapor intrusion /

A property owner was found liable under the New York Navigation Law for cleanup costs incurred by the New York State Department of Environmental Conservation (NYSDEC)responding to gasoline fumes that had migrated a quarter of a mile from the gas station. While the vast majority of the state’s costs were associated with the cleanup of

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NYSDEC To Receive Full Delegation from EPA for RCRA Program

Hazardous Waste, Navigation Law, oil spills, Underground Storage Tanks /

EPA proposed to approve final authorization to the New York Department of Environmental Conservation (NYSDEC) to administer the state hazardous waste program in lieu of the federal RCRA program. 78 FR 15299 (3/11/13). The authorization will become effective on May 10, 2013 unless EPA receives adverse written comment by April 10, 2013. The NYSDEC hazardous

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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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