Hazardous Substances Remediation
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
Phelps Dodge Brownfield Project
PFAS Multi-District Litigation
Prologis
Queens West Development Corporation
Sendero Verde Project
Thor Equities Industrial Logistics Development
Two Trees River Ring Project
Whole Foods Supermarket – Gowanus, Brooklyn
Willets Point Development Project
Thor Equities Retail Development – Brooklyn
Equinor Wind – Empire Wind Offshore Wind Projects
Prince’s Point
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
Indian Point Energy Center Relicensing/Decommissioning
Bronx Point
Silvercup West Studios
Millennium Pipeline Company Litigation
Brooklyn Developmental Center
Muss Development Corporation – SkyViewParc
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
Goethals Bridge
Watch Case Factory
Unisys
“PRP Contribution Claims Under CERCLA: Strategies for Cost Recovery Against Potentially Responsible Parties”
For: Strafford Webinars
“PFAS Regulation Under CERCLA: Unpacking New Environmental & Legal Implications”
“Breathing Easy: Navigating Updates to the NYSDOH Soil Vapor Intrusion Guidance”
For: SPR & PWGC Joint Webinar
“Contaminated Property Development”
For: Pace University Elisabeth Haub School of Law
“The CERCLA Consent Order/Decree Templates Are Not Designed to Address Adaptive Management, So Do They Restrict Creativity?”
For: 2023 Sediment Workshop - EHS Support
“Limits on CERCLA Recovery for Legacy Sites: Emerging Statute of Limitations Issues”
For: The Practical Real Estate Lawyer
“Superfund/Brownfield Update 2021: Case Law Update”
For: New York State Bar Association (panelist)
“State and Federal Site Contamination Law”
For: HalfMoon Education Seminars
“Beyond PFAS 101: Understanding Technical Approaches in PFAS Liability Assessment”
For: Webinar Hosted by Roux Associates
“Hazardous Waste and Toxic Torts Reporter”
“Remediation of Emerging Contaminants: New York Regulatory Update”
For: Montclair State University, Center for Professional Education Services
“Agricultural Pesticides: Who, What, When, Where, Why & What To Do About It”
For: New York City Bar Association Panel
“Demonstrating Divisibility at Sediment Megasites: Building a Case against Joint and Several Liability in Superfund Waterways”
For: Environmental Law in New York
“Plan View: Survey of Current Environmental Enforcement and Real Estate Development Regulation in New York”
For: New York State Bar Association
“New York and Federal Site Contamination Law”
For: HalfMoon Education, Inc. (Continuing education course for professional engineers and surveyors)
“Institutional Brownfields Incentives”
For: Environmental Law Institute
“Vapor Intrusion Meets Reality”
For: Air & Waste Management Association