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The New York City Department of City Planning’s new BluePrint program is a substantial reform to the department’s administration of its environmental and land use review of development projects. read more

On December 5, 2012, the EPA issued new guidance on its treatment of tenants under the bona fide prospective purchaser (“BFPP”) provisions of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). The BFPP provisions offer protection against CERCLA liability in certain situations. CERCLA provides that the BFPP provisions apply to a person or tenant of a person that “acquires ownership” of a facility and meets certain other requirements. In the past, a tenant would be considered a BFPP only as long as the owner remained a BFPP. EPA now has the discretion to extend the BFPP protection to tenants where the owner is not a BFPP or loses its BFPP status. read more

The New York Court of Appeals recently held that a supplemental environmental impact statement (“EIS”) is required to analyze potential impacts from the long-term maintenance and monitoring methods that were chosen for a Brownfield site after approval of the Remedial Action Work Plan by the Department of Environmental Conservation (“DEC”) and issuance of a final EIS for the project. read more

On December 27, 2012, the United States Environmental Protection Agency issued a proposed cleanup plan for the Gowanus Canal Superfund Site in Brooklyn, New York, which goes beyond the expected removal of contaminated sediment from the bottom of the canal through dredging and capping of dredged areas, and also includes controls to prevent recontamination of the canal from combined sewer overflows. The proposed cleanup plan will be addressed at public meetings in Brooklyn on January 23 and 24, 2013. EPA will accept public comments related to the proposed cleanup plan until March 28, 2013. read more

        The first five land banks in New York State were approved by Empire State Development on May 17, 2012. Land banks are type C not-for-profit corporations created by local law that are given the authority to acquire vacant, abandoned or tax-delinquent properties by foreclosure proceedings or similar means (not by eminent domain) to return them to productive use. The New York Land Bank Act suggests the following possible uses for acquired land: parks, playgrounds, community areas, affordable housing, retail, commercial and industrial activities and wildlife conservation areas. All eyes will be on the pioneering five land banks as they pursue their aggressive agendas to see whether land banking is in fact a successful tool to fight blight and promote revitalization in New York State. read more