Hazardous Substances Remediation - Sive Paget & Riesel PC

We help clients navigate all aspects of solid and hazardous waste management and remediation, including related litigation. Our attorneys bring to any such matter their recognized expertise in the complex federal, state, and local regulations; rich experience with real estate, construction, tax, and insurance issues; and amassed collective knowledge of historical industrial and manufacturing operations in the New York City metro area. To enhance the Firm’s ability to evaluate risks and problem solve, we work with a refined network of specialized engineers, scientists, and other consultants.

We understand the challenges, risks, and costs associated with managing solid and hazardous wastes as an aspect of property development and construction. We advise clients on the applicable legal requirements and best practices, discuss opportunities for environmental insurance, negotiate responses to enforcement actions, and handle litigation.

Property owners and developers routinely come to us for advice on and assistance with applying to the New York State Brownfield Cleanup Program (“BCP”), which provides financial incentives for the voluntary remediation and redevelopment of historically contaminated properties. The Firm advises clients as to the BCP eligibility criteria and works closely with consultants to ensure that application materials maximize clients’ likelihood of acceptance. Our attorneys then oversee the remediation to ensure compliance with all aspects of the BCP. Finally, we guide clients through the complicated closure process, negotiating easements and other associated agreements required to obtain a Certificate of Completion and provide advice on the availability of tax credits. The Firm’s experience includes negotiating real estate transactions involving the transfer of BCP tax credits.

Contamination can lead to litigation in a variety of ways, which we have the expertise to manage. Since the adoption of the federal Superfund statute (“CERCLA”) in 1980, our attorneys have prosecuted and defended many significant cost recovery actions seeking to recover the costs of cleaning up hazardous substances. We also maintain an active practice representing both plaintiffs and defendants in actions brought under similar state laws. We have defended potentially responsible parties (“PRPs”) in many government-initiated actions. Our attorneys have a record of obtaining favorable settlements in these types of cases, often raising money from third-parties to fund cleanups or achieving cost-saving remedy modifications.

Edge-On-Hudson

Location: Sleepy Hollow, NY

SPR represents Lighthouse Landing Communities LLC, the developer of the former General Motors Assembly site in Sleepy Hollow. The Edge-on-Hudson development is a mixed-use project, including residential, commercial and open space uses on a 97-acre site former industrial property bordering the Hudson River. The Firm has advised the project with respect to acquisition of the land from General Motors and its participation in the Brownfield Cleanup Program through investigation and remediation of this former industrial site. In addition to the Brownfield work SPR also assisted with environmental permitting issues, especially those pertinent to shoreline development, as well as preparation of an Environmental Impact Statement.

Phelps Dodge Brownfield Project

Location: Maspeth, NY

SPR represents the purchaser of this one-time copper smelter property and listed Class-2 Inactive Hazardous Waste Site who is redeveloping its approximately 39-acres for commercial and light industrial use. Working closely with the prior owner, the developer and the regulators, SPR helped secure the Record of Decision and other regulatory approvals that have cleaned up this long-contaminated waterfront parcel and brought much needed development and jobs to this area after years of decline.

PFAS Multi-District Litigation

Location: New Jersey and New York

SPR represents the Port Authority of New York and New Jersey as a defendant in a multidistrict litigation concerning pollution resulting from use of aqueous film forming foam containing per- and polyfluoroalkyl substances (PFAS) for fire suppression purposes at various sites, including military bases and airports, throughout the country. The Port Authority is a defendant in multiple cases in the Multi-District Litigation based on its operation of Stewart International Airport.

Prologis

Location: New York and New Jersey

SPR is environmental counsel to Prologis on pre-acquisition due diligence, transaction negotiation and redevelopment of industrial logistics properties in New York and New Jersey. The firm also counsels Prologis on environmental remediation and regulatory compliance, including waterfront permitting and complex waterfront title issues.

Queens West Development Corporation

Location: New York, NY

The firm represents the Queens West Development Corporation (QWDC), a subsidiary of Empire State Development and a cooperative undertaking of the State of New York and the Port Authority of New York and New Jersey. QWDC has overseen the remediation and redevelopment of former industrial waterfront property along the East River in Long Island City, Queens. The project boundaries extend from the Anable Basin to 50th Avenue, west of 5th Street. SPR advised on the preparation of the EIS for the project, and successfully defended the EIS against a judicial challenge. The Firm helped to structure and negotiate environmental liability risk management protections associated with the property acquisition, oversee contaminated soil remediation pursuant to the Voluntary and Brownfield Cleanup Programs, secure the necessary tidal wetlands permits and other regulatory approvals that authorized the construction of eleven residential buildings (over 4,600 housing units), over 170,000 square feet of retail amenities, public streets and utilities, two public schools and 13 acres of public parkland and recreational areas that has greatly enhanced the Long Island City community. The Firm also represented QWDC and a private developer in litigation to recover costs associated with certain aspects of remediation.

Sendero Verde Project

Location: New York, NY

The Sendero Verde project is nearing completion of a two-phase full-block development remediated under the NYS Brownfield Cleanup Program, that will create approximately 700 affordable housing units for very low to moderate income households and the formerly homeless. The combined phases of Sendero Verde will be the largest multifamily residential Certified Passive House in the US.

Thor Equities Industrial Logistics Development

Location: New York, New Jersey, Illinois, California, and Florida

SPR represents Thor Equities as environmental counsel on multiple acquisitions of industrial logistics properties in New York, New Jersey, Illinois, California and Florida. The firm also counsels Thor Equities on post acquisition environmental remediation and regulatory compliance issues in connection with redevelopment and management of its industrial logistics portfolio.

Two Trees River Ring Project

Location: Brooklyn, NY

Two Trees Management, working with world-renowned Bjarke Ingels Group and James Corner Field Operations, has obtained master plan approval for The River Ring --a groundbreaking development on the Williamsburg waterfront that will create a new model for urban waterfront resiliency and transform the way New Yorkers interact with the water. River Ring is repurposing a former Con Edison industrial site for much-needed housing and completing a continuous public waterfront in North Brooklyn. The plan is anchored by a first-of-its-kind protected public beach and in-water park that will also insulate the inland community from flooding. SPR has successfully worked on all aspects of this project from the environmental due diligence, real estate transaction, through the ULURP approvals, environmental permitting and subsequent failed legal challenge to the rezoning.

Whole Foods Supermarket – Gowanus, Brooklyn

Location: Brooklyn, NY

The firm helped complete federal and state tidal wetlands permitting and the State Environmental Quality Review Act natural resources and hazardous material review, and obtained United State Environmental Protection Agency sign-off and State Brownfield Cleanup Program Certificate of Completion for the new Whole Foods site on 3rd Street and 3rd Avenue.

Willets Point Development Project

Location: Queens, NY

SPR was retained by the New York City Economic Development Corporation (EDC) to serve as environmental counsel for the preparation of a Generic Environmental Impact Statement for the City of New York's proposed redevelopment of a 61 acre parcel in Willets Point Queens. The Willets Point project is a proposed redevelopment of an underutilized industrial area into a lively, mixed-use, sustainable community and regional destination. Besides the GEIS, the Firm assisted the City in other aspects of the proposed project, including hazardous waste remediation and environmental issues relating to the purchase of existing parcels within the project area and the parcels to be utilized to relocate existing businesses. The project, which required the rezoning of the area and adoption of an urban renewal plan, was approved in the Fall of 2008. In 2017 SPR was retained by the Queens Development Group (a partnership of the Related Companies and Sterling Equities) to represent the project developer in connection with hazardous waste remediation pursuant to the Brownfield Cleanup Program. The project will transform an approximately 23 acre area with construction of New York City’s largest 100% affordable housing project in 40 years, a professional league soccer stadium, a public school, park and public open space amenities.

Thor Equities Retail Development – Brooklyn

Location: Brooklyn, NY

SPR represented Thor Equities in the redevelopment of this solid waste landfill on Gravesend Bay into a wholesale store and large waterfront park. The Firm consulted with respect to a coastal erosion hazard area designation, a decades-old solid waste enforcement action, tidal wetlands jurisdiction, and several open petroleum spills.

Equinor Wind – Empire Wind Offshore Wind Projects

Location: Long Island, NY

SPR represents Equinor Wind US in the local and state permitting and development, and aspects of federal permitting, for the Empire Wind 1 and the Empire Wind 2 offshore wind projects that will supply New York State with over 2 gigawatts of renewable energy, power 1 million homes, and provide billions of dollars of economic benefits to the State. The projects also are expected to provide tens of millions of dollars in investments in long-term port facilities, related infrastructure, and new technologies. Together, these offshore wind projects will help the State meet the renewable energy and offshore wind capacity mandates set forth in NY’s Climate Leadership and Community Protection Act, diversify NY’s energy portfolio, and reduce greenhouse gas emissions. SPR assisted Equinor acquire various properties that will support its offshore wind projects, and helps navigate the remediation of those properties thorough the Brownfield Cleanup Program. The Firm also advises Equinor on parkland alienation and conversion issues, on the development of an offshore wind port in New York City that will service Equinor’s offshore wind projects and house the onshore substation for the Empire Wind 1 project, on other required local approvals and land rights, on contractor procurement, and on diligence for private finance relating to environmental permitting and litigation risk. SPR assisted Equinor on the development of the Beacon Wind 1 offshore wind project until early 2024, when Equinor transferred its interest in that project to another offshore wind developer.

Prince’s Point

Location: Staten Island, NY

SPR represented Muss Development Corporation with respect to a proposed large-scale residential development on Prince's Point, which borders Staten Island. Shortly after Muss purchased the property, it was discovered to be seriously contaminated with hazardous wastes from historic uses, resulting in its listing as an Inactive Hazardous Waste Disposal Site under the State Superfund Program. SPR provided legal advice pertaining to the remediation of the site, which took many years to complete, and successfully sued the prior owner for response costs under CERCLA. SPR also provided representation concerning State Tidal and Freshwater Wetlands permitting and associated environmental issues. SPR subsequently advised the purchaser of the property in complying with overlapping requirements of permits and consent orders governing development.

Tuscarora Nation – Buffalo River NRD

Location: Buffalo, NY

SPR represented the Tuscarora Nation, who served as a trustee alongside the State of New York and the federal government, in long-running negotiations with companies responsible for the contamination of the Buffalo River. The historical contamination of the river had for many decades prevented the Tuscarora people from using the river for traditional cultural activities. Along with land and funds for restoration projects along the river, the CERCLA natural resource damages (NRD) settlement included funds to support the Tuscarora Nation in efforts to preserve its language and promote ecological initiatives to reconnect Tuscarora people with the land.

Indian Point Energy Center Relicensing/Decommissioning

Location: Cortlandt, NY

SPR represents the Town of Cortlandt, NY in ongoing state and federal administrative proceedings related to the relicensing of the Indian Point nuclear power plant. The state relicensing involves CWA Sections 316 (cooling water intakes) and 401 (water quality certification), and environmental impact review under SEQRA; the federal relicensing involves NEPA review and a technical analysis of nuclear safety issues posed by the plant. Most recently SPR has represented the Town in the process of decommissioning the power plant.

Bronx Point

Location: Bronx, NY

SPR is representing the development team selected by the City of New York to remediate a long- underused waterfront property, expand and modernize the existing Mill Pond Park, construct new affordable housing and build the Nation’s first brick-and-mortar Hip Hop Museum. SPR is advising as to the remediation of the site under the New York State Brownfield Program and as to state and federal environmental permitting.

Silvercup West Studios

Location: Long Island City, NY

SPR represents Silvercup West Studios--Terra Cotta LLC with respect to the proposed Silvercup West mixed-use development south of the Queensboro Bridge on the East River in Long Island City. This representation has included advice with respect to the preparation of an environmental impact statement (“EIS”) for the rezoning of the site and ULURP, obtaining NYSDEC and Army Corps of Engineers (“ACOE”) waterfront permits, and application to and participation in the BCP, which culminated in the NYSDEC’s issuance of a COC for the site in 2017. The firm has also represented this client with regard to the development of a new studio in the Bronx, called Silvercup North, as well as a series of other developments in the City.

Millennium Pipeline Company Litigation

Location: New York, NY

SPR successfully opposed a portion of a proposed 424-mile natural gas pipeline that was to cross through Hudson River fisheries. The Firm addressed NEPA issues relating to project’s siting and impacts, Natural Gas Act issues pertaining to project necessity, and Coastal Zone Management Act issues regarding impacts to New York’s coastal zone. The Firm retained experts and submitted motions, objections and comments through multiple administrative and judicial proceedings, including before the Federal Energy Regulatory Commission, the US Department of Commerce, and the US District Court and Court of Appeals. After summary judgment victories by SPR and other governmental entities, Millennium terminated its route before the Hudson River.

Brooklyn Developmental Center

Location: Brooklyn, NY

SPR has served as environmental counsel to Empire State Development (ESD) with respect to the ongoing redevelopment of the Brooklyn Developmental Center with 100% affordable housing, including supportive housing, community facility and commercial uses, and substantial open space. This redevelopment has involved two primary phases with two environmental impact statements. The Firm has advised ESD in the preparation of both EISs as well as in the preparation of transactional documents.

Muss Development Corporation – SkyViewParc

Location: Queens, NY

Sive, Paget & Riesel represents the Muss Development Corporation with respect to the development of SkyViewParc, a mixed-use development located on the former Flushing Industrial Park site. SPR assisted with all aspects of the client's application to the New York State Brownfield Cleanup Program, including preparation of the initial application, revisions, submission of reports and all other aspects of the State-supervised cleanup of the property. SPR has also assisted the developer in seeking cost recovery from the former owner of the property responsible for the contamination.

New York City Housing Authority – PACT Conversion

Location: New York, NY

SPR advises small and large property managers and owners regarding compliance with federal and NYC lead-based paint (LBP) legal requirements. Our practice also includes advising parties on the regulatory and consent order requirements applicable to LBP in the context of conversions of NYCHA public housing developments to private owned housing under the Permanent Affordability Commitment Together (PACT) program.

Goethals Bridge

SPR served as counsel to the consulting firm responsible for preparing the EIS for the initial proposal by The Port Authority of New York and New Jersey to construct a new bridge across the Arthur Kill, between Staten Island and New Jersey, paralleling the Goethals Bridge. Our work included the review of the proposed EIS and related issues related to transportation impacts, numerous transportation alternatives and a variety of permitting issues. The Firm represented the Port Authority with respect to the revised proposal, including advising on the updated EIS, issues under Section 4(f) of the Transportation Act, and hazardous waste remediation.

Watch Case Factory

Location: Sag Harbor, NY

SPR represented Sag Development Partners in connection with the redevelopment Sag Harbor's historic Watch Case Factory into residential condominiums. The Firm represented the developer with respect to the environmental review, land use approvals, regulatory sign-offs, and negotiations with NYSDEC and the former property owner concerning hazardous substances remediation and environmental site management.

Unisys

Location: New York, NY

SPR represents Northwell Health, the largest private employer in the state of New York, with respect to a former owner’s ongoing efforts to remediate an approximately one million square foot complex owned and operated by Northwell that was historically developed as a defense industry manufacturing facility.

“Update on New York State Brownfield Cleanup Program/Part 375”

For: NYSBA Superfund/Brownfield Update 2024: Federal and State Environmental Law and Policy Program

December 5, 2024 | Panelist

“Navigating PFAS Regulations and Superfund Designations”

For: PW Grosser Consulting's Environmental Echo Podcast

November 2024 | Podcast Guest Elizabeth Knauer

“PRP Contribution Claims Under CERCLA: Strategies for Cost Recovery Against Potentially Responsible Parties”

For: Strafford Webinars

September 2024 | Presented by Dane Warren

“Environmental Construction”

For: Innovative Development Summit hosted by the NYC Brownfield Partnership

September 2024 | Presented by Michael Bogin

“PFAS Regulation Under CERCLA: Unpacking New Environmental & Legal Implications”

July 2024 | Presented by Meg Holden and Kelly Coulon, PE (Roux)

“Breathing Easy: Navigating Updates to the NYSDOH Soil Vapor Intrusion Guidance”

For: SPR & PWGC Joint Webinar

March 2024 | Presented by Kevin Rogers and Derek Ersbak (P.W. Grosser Consulting) and moderated by Michael Bogin

“Contaminated Property Development”

For: Pace University Elisabeth Haub School of Law

March 26, 2024 | Presented by Michael Bogin

“The CERCLA Consent Order/Decree Templates Are Not Designed to Address Adaptive Management, So Do They Restrict Creativity?”

For: 2023 Sediment Workshop - EHS Support

October 2023 | Panelist Adam Stolorow

“Limits on CERCLA Recovery for Legacy Sites: Emerging Statute of Limitations Issues”

For: The Practical Real Estate Lawyer

September 2023 | Written by Daniel Riesel and Dane Warren

“Superfund/Brownfield Update 2021: Case Law Update”

For: New York State Bar Association (panelist)

December 8, 2021 | Panelist Alexis Saba

“State and Federal Site Contamination Law”

For: HalfMoon Education Seminars

December 2020 | Presented by Meg Holden

“Beyond PFAS 101: Understanding Technical Approaches in PFAS Liability Assessment”

For: Webinar Hosted by Roux Associates

October 2020 | Panelist Meg Holden

“Hazardous Waste and Toxic Torts Reporter”

1987-present | Contributing Editor Daniel Riesel

“Remediation of Emerging Contaminants: New York Regulatory Update”

For: Montclair State University, Center for Professional Education Services

November 30, 2018 | Presented by Christine Leas

“Agricultural Pesticides: Who, What, When, Where, Why & What To Do About It”

For: New York City Bar Association Panel

April 2018 | Moderator Alexis Saba

“Demonstrating Divisibility at Sediment Megasites: Building a Case against Joint and Several Liability in Superfund Waterways”

For: Environmental Law in New York

August 2015 | Written by Dan Chorost (and Priya Murthy)

“Plan View: Survey of Current Environmental Enforcement and Real Estate Development Regulation in New York”

For: New York State Bar Association

May 20, 2015 | Co-Presented by John-Patrick Curran and Michael Bogin

“New York and Federal Site Contamination Law”

For: HalfMoon Education, Inc. (Continuing education course for professional engineers and surveyors)

December 14, 2011 | Presented by Christine Leas

“Institutional Brownfields Incentives”

For: Environmental Law Institute

September 18, 2011 | Presented by Christine Leas

“Vapor Intrusion Meets Reality”

For: Air & Waste Management Association

2008 | Presented by Jeffrey B. Gracer