As proffered by Governor Andrew Cuomo in his proposed 2019 budget, payment of certain business tax credits, including those under the New York State Brownfield Cleanup Program (“BCP”), would be deferred for three years for those claiming more than a
Environmental Law Post
The Environmental Law Post, published by Phillips Lytle LLP, focuses on legal issues related to environmental regulation and compliance. It covers topics such as brownfield redevelopment, contaminated site management, environmental litigation, and regulatory developments including EPA policies and Supreme Court decisions affecting environmental law. The blog also addresses emerging contaminants like PFAS, renewable energy project development, and environmental impact reviews under SEQRA. It provides updates on enforcement discretion policies, government incentives, and transactional due diligence related to environmental matters. The content is aimed at practitioners and stakeholders involved in environmental law, energy regulation, and land use permitting.
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DEC P Site Program Coming into View
Real estate and other transactions often involve property that has perceived environmental concerns. There can also be parcels that have modest known environmental impacts as well, however they do not make sense for either the New York State Superfund (“Superfund”)…
DEC to Exercise Enforcement Discretion over Problematic Part 360 Provisions
By Luke Donigan
The New York State Department of Environmental Conservation (“DEC”) recently issued an enforcement discretion letter stating that it will exercise its enforcement authority with respect to certain provisions of the recently revised Solid Waste Management Program. As we previously reported…
Old Brownfields Become “New” BCP Sites
The 2015 amendments to New York’s Brownfield Cleanup Program (BCP) made a number of substantive changes to the program, including changes to the refundable tax credits, their amount and how they are calculated. The 2015 amendments create “Generation 3” of the…
A Look at the CSSR and What to Expect in 2018
By Luke Donigan
Released in November, the Federal Government’s Climate Science Special Report (CSSR) concluded that “it is extremely likely that human activities… are the dominant cause of the observed warming since the mid-20th century.” Unsettling climate-related weather events have become increasingly common…
EPA Announces Repeal of Clean Power Plan; New York AG Will Sue
By Luke Donigan
A 360 for NY’s Part 360 Regulations: Overhauled Solid Waste Program to Take Effect November 2017
EPA Administrator Takes Aim at Aging Superfund Sites
NYSDEC Set to Propose Revisions to the Brownfield Cleanup Program: A Preview of Changes
Significant Changes Proposed for NYSDEC’s SEQRA Regulations
Four years after beginning the process, the New York State Department of Environmental Conservation (“NYSDEC”) issued its proposed amendments to the New York State Environmental Quality Review Act (“SEQRA”) regulations (“SEQRA Regulations”). According to NYSDEC, the “principal purpose of the…