Gibbons Law Alert

Gibbons Law Alert

Tagged: New York

Starting January 1, 2015 New York Households Will Be Required to Recycle E-Waste

by

Posted in Environmental and Green Issues

On December 16, 2014

Beginning January 1, 2015, any New Yorker who disposes of an old computer, television, or even an iPod, i.e., “electronic waste” (“e-waste”), by placing that item in the garbage or leaving it on the curb for collection will be in violation of the New York State Electronic Recycling and Reuse Act, N.Y. Envtl. Conserv. Law § 27-2601, et seq.. Individual consumers will instead be required to recycle such e-waste by dropping it off at a registered e-waste collector or by returning it to an e-waste manufacturer, or risk being fined $100 each time they fail to do so.

New York Court of Appeals Upholds Municipal Authority to Ban Fracking

by

Posted in Environmental and Green Issues

On July 8, 2014

New York’s highest court dealt a blow to the hydrofracking industry on June 30 when it upheld, in a consolidated opinion in Matter of Wallach v. Town of Dryden and Cooperstown Holstein Corp. v. Town of Middlefield, the authority of municipalities to use their zoning powers to ban hydrofracking. The Court of Appeals held that provisions on the towns’ zoning ordinances that prohibited hydrofracking anywhere within their borders were not preempted by the “supersession clause” of the state’s Oil, Gas and Solution Mining Law (OGSML). That clause, said the Court, prevents municipalities from regulating the “how” of hydrofracking but does not bar them from limiting “where” it can take place.

New York Legislators PASS Extension of State Brownfield TAX CREDITS

by

Posted in Environmental and Green Issues

On June 23, 2014

In the waning hours of this year’s legislative session, the New York State Assembly and Senate have passed identical bills extending the sunset date for tax credits under the New York State Brownfield Cleanup Program from December 31, 2015 to March 31, 2017. To qualify for such credits, sites must obtain their Certificates of Completion from the New York State Department of Environmental Conservation (DEC) by the sunset date.

New York State Bar Association Environmental Law Section Releases Comments on Brownfield Program Reform Proposals

by

Posted in Environmental and Green Issues

On May 27, 2014

The Environmental Law Section of the New York State Bar Association has released its Report and Recommendations regarding the proposed extension and reform of the New York State Brownfield Cleanup Program (“BCP” or “Program”). The Report and Recommendations were prepared by the Section’s Brownfield Task Force, co-chaired by David J. Freeman and Lawrence P. Schnapf. The Task Force spent several months reviewing the proposals for reforming the Program made in Governor Andrew Cuomo’s budget bill and draft bill circulated by the staffs of the Senate and Assembly Environmental Conservation Committees.

Second Circuit Holds That CERCLA’s “Act of War” Defense Shields Owners and Tenants from Cleanup Liability for Dust Created By Towers’ Destruction on 9/11

by

Posted in Environmental and Green Issues

On May 12, 2014

In the first decision of its kind, the Second Circuit on May 2, held that the September 11, 2001, attacks on the World Trade Center were “acts of war” for purposes of the affirmative defense for such acts contained in the onerous liability provision of the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Accepting the arguments raised by Gibbons and other firms representing the owners and tenants of the buildings (and the airlines whose planes were hijacked), the Court found that even though they were not committed by uniformed military forces of a nation-state, the attacks were nevertheless acts of war for CERCLA purposes (though not necessarily in other legal contexts) because they (1) were “indistinguishable from military attack in purpose, scale, means, and effect,” (2) were recognized as acts of war by both the President and Congress, and (3) “wrested from the defendants all control over the planes and the buildings, obviated any precautions or prudent measures defendants might have taken to prevent contamination, and located sole responsibility for the event and the environmental consequences on fanatics whose acts the defendants were not bound by CERCLA to anticipate or prevent.”

New York State Brownfield Cleanup Act Reform: The Saga Continues

by

Posted in Environmental and Green Issues

On April 21, 2014

New York State Brownfield Act reform did not survive the crush of last-minute negotiations over the State’s 2014-15 budget. The Governor’s office, the Senate, and Assembly each introduced their own proposals for accomplishing needed reforms but were not able to reach consensus on a path forward. The attached article reviews the differences among the Governor’s, the Senate’s and the Assembly’s proposals on such key issues as: extending the expiration date for brownfield tax credits; revising the definition of “brownfield site”; restricting tangible property tax credits; redefining costs eligible for tax credit treatment; and establishing a new, streamlined program for sites not seeking tax credits.

Having Trouble Filling Out the New SEQRA Environmental Assessment Forms? NYS DEC Has Scheduled a Series of Webinars to Help Shed Some Light on the Streamlined and Revised Forms

by

Posted in Development/Redevelopment / Environmental and Green Issues

On April 7, 2014

It’s been six months since the new model State Environmental Quality Review Act (SEQRA) Environmental Assessment Forms (EAFs) became effective on October 7, 2013, and many individuals are still scratching their heads on how to efficiently and effectively complete the forms. In an effort to assist and instruct government agencies and the public on how to use the new model EAFs, the New York State Department of Environmental Conservation (NYS DEC) has announced a series of webinars to be held this spring. The webinars are designed to demonstrate how the new EAFs, the web-based framework for the guidebooks developed by NYS DEC, and the EAF Mapper, a software mapping program, work together to streamline the EAF completion process by both project sponsors (applicants) and reviewing agencies.

David J. Freeman to Speak at Brownfield Coalition of the Northeast Conference

by

Posted in Development/Redevelopment / Environmental and Green Issues

On February 25, 2014

David J. Freeman, a Director in the Gibbons Real Property & Environmental Law Department, will be a speaker at the upcoming Brownfield Coalition of the Northeast Conference on March 5, at the Liberty Science Center in Jersey City, New Jersey. Mr. Freeman will be discussing proposed changes to the New York State Brownfield Cleanup Act as a member of a panel entitled “Where Are The Incentives And How Could Proposed Legislation Affect Them?” As noted in our recent blog, legislation proposed by Governor Andrew Cuomo as part of his 2014 budget would have a major impact on the types of projects that are accepted into the New York State Brownfield Cleanup Program (BCP), and the extent to which those projects are eligible for state tax credits.

New York City Brownfield Partnership Releases NYU Study on New York State Brownfield Cleanup Program

by

Posted in Environmental and Green Issues

On February 3, 2014

The New York City Brownfield Partnership, a non-profit public-private partnership promoting the cleanup and redevelopment of brownfield sites in New York City, has just released a study analyzing the impact of the New York State Brownfield Cleanup Program (BCP) on the cleanup and redevelopment of brownfield sites in New York State. The study was directed by Barry F. Hersh, Clinical Associate Professor at New York University’s Schack Institute of Real Estate, with financial support from the Partnership. The study provides timely and valuable information to the debate over proposed changes to the program.

Cuomo Budget Proposals Seek to Revise NY State Brownfield Cleanup Program

by

Posted in Environmental and Green Issues

On January 30, 2014

Governor Andrew Cuomo has proposed major revisions to the New York State Brownfield Cleanup Program (BCP) in the budget he submitted to the state legislature last week. These changes, if enacted, will have a major impact on the types of projects that will be attracted to and accepted into the Program, and the extent to which they are eligible for tax credits.

Connect:

About Gibbons

With 200 attorneys, Gibbons is a leading law firm in New Jersey, New York, Pennsylvania, Delaware, Washington, DC, and Florida, ranked among the nation’s top 200 by The American Lawyer. More…

Subscribe

Archived Blog Posts

Categories