Fourth Department Revisits Brownfield Cleanup Program Eligibility

Fourth Department Revisits Brownfield Cleanup Program Eligibility in In the Matter of Destiny USA Development, LLC, et al. v.  NYS Department of Environmental Conservation, et al.

In my March Environmental Update, I discussed the 4th Department’s ruling in In the Matter of Lighthouse Pointe Property Associates LLC, v. NYS Department of Environmental Conservation, et al.,  61 A.D.3d 88 (4th Dept., 2009).  In that case, the 4th Department affirmed the determination of the Department of Environmental Conservation (DEC) which denied petitioner’s application for inclusion in the State’s Brownfield Cleanup Program (BCP).

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Albany Supreme Court Dismisses State’s Navigation Law Action

Albany Supreme Court Dismisses State’s Navigation Law Action Against Property Owners Without Knowledge of Leaking Underground Tanks

Earlier this year, in State of New York v. C.J. Burth Service, Inc., et al., 2009 WL 580752 (Alb Cnty, 2009), an unreported decision, the Albany County Supreme Court issued a decision which may – if upheld on appeal-- significantly limit Navigation Law liability for certain purchasers of leaking underground petroleum storage tanks.

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A Brief Reflection on Upstate New York’s Environment

This month’s Environmental Update will be a departure from my regular column.  Instead of examining recent decisional law or legislation impacting the environment, I’ve decided to write a short reflection on upstate New York’s environment and history and what it means to me as an environmental professional.

What spurred this creative urge?  Time away from my law office, of course.   Last week, I was one of 500 riders on the 11th annual Cycling the Erie Canal.  Organized by Park & Trails New York, a non-profit organization working statewide to protect New York’s parks and trails, Cycling the Erie Canal is a 400 mile bicycle trip from Buffalo to Albany.  Cycling primarily on bike trails along and near the Erie Canal and connected waterways like the Mohawk River, the trip also took us through the heart of central New York, along country roads and into the many small villages and towns along the way.  Despite eight long days of biking, six nights of camping and a few minor bruises, I’ve returned to Albany with a new appreciation of the amazing state in which we live.

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