The law in New York relating to brownfields is moving forward on two tracks right now, both relating to the practices of the New York State Department of Environmental Conservation (DEC) in determining whether particular property falls within the definition of a “brownfield site.” First, the DEC is expected to finalize guidance shortly that will allow it to issue opinions on eligibility for participation in the Brownfield Cleanup Program (BCP). In addition, the New York Court of Appeals is expected to issue a decision within weeks in the appeal in Matter of Lighthouse Pointe Prop. Assoc. LLC v. New York State Dept. of Envtl. Conservation,1 relating to the standard the DEC should use to accept participants into the BCP.
The stakes are quite high. The final version of the DEC eligibility guidance, and the Court of Appeals decision in the Lighthouse Pointe case, may lead, finally, to significant brownfields redevelopment in New York, or may continue to pose practical impediments to the environmental cleanup and use of brownfield properties.
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