Brownfields Redevelopment
Energy Community Guidance for Brownfields under the Inflation Reduction Act
The Internal Revenue Service (IRS) and the Treasury Department released guidance last month on the bonus credit available for certain production and investment tax credits issued to qualified projects located in “energy communities” pursuant to the Inflation Reduction Act of 2022 (IRA). The IRA allows taxpayers to deduct a percentage of the cost of eligible…
NYS Department of Environmental Conservation Proposes Revisions to Part 375 Remedial Programs
On December 22, 2021, the New York State Department of Environmental Conservation (DEC) issued a Notice of Proposed Rulemaking to amend the Environmental Remediation Program regulations at 6 NYCRR Part 375. The notice states that the proposed amendments are designed to implement the 2015 statutory amendments to the brownfield cleanup program (BCP); enhance requirements pertaining…
Clarity Begins to Emerge Concerning Permissible Essential Construction In New York
A number of state and local agencies have issued guidance on the ban on non-essential construction that was announced by Governor Cuomo on March 27, 2020. Friday’s amendment to the guidance regarding work-at-home requirements under Executive Order 202.6 bans all construction in the State except for projects deemed “essential,” which the State says includes “roads,…
Town of East Fishkill Defeats Zoning Challenge
In a decision dated January 7, 2019, the New York Supreme Court, Dutchess County, dismissed a lawsuit challenging the Town of East Fishkill’s 2012 zoning code amendment allowing for remediation and redevelopment of former gas station properties in accordance with the bulk conditions that previously existed on the properties, without need for a special permit…
New York State Department of Health Updates Soil Vapor Intrusion Guidance
The N.Y. Department of Health (“NYSDOH”) recently revised its guidance on soil vapor intrusion, tightening guidelines on certain volatile chemicals and loosening guidelines on others. The revisions consist of an updated set of Soil Vapor/Indoor Air Decision Matrices, which prescribe recommended actions based on the concentrations of a specified chemical vapor inside a building and…
New York Supreme Court Denies Motion to Preliminarily Enjoin a Brownfield Remediation and Hotel Development in the Village of Tuckahoe
In one of the few cases examining the intersection between the State Environmental Quality Review Act (“SEQRA”) and the State Brownfield Cleanup Program (“BCP”), the New York State Supreme Court (Westchester County), on May 26, 2017, denied a motion to preliminarily enjoin a BCP cleanup and hotel development on a former quarry site in the…