‘Green” is the mantra for everything from cleaning supplies to construction, automobiles to home heating and cooling. It should not be a surprise, therefore, to learn that “green” is also becoming the standard for treatment of one of environmental law’s most traditional problems: the cleanup of environmentally contaminated real property.
At the end of March, the New York State Department of Environmental Conservation (DEC) proposed a policy that would establish a preference for remediating sites in the most sustainable manner—i.e., green—while still meeting all other legal, regulatory, and program requirements. The draft proposal, “DER-31 / Green Remediation,”1 was open for public comments until April 30, and a final version can be expected in short order.
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