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  • 28 Mar 2022 3:00 PM | Anonymous member (Administrator)

    Letter to Governor Governor Hochul, Speaker Heastie, and Majority Leader Stewart-Cousins from The Building & Realty Institute of Westchester & the Mid-Hudson Region, Brownfield Coalition of the Northeast, The Business Council of Westchester, Buffalo Niagara Partnership, Local Development Corporation of East New York, Long Island Builders Institute, The New York Building Congress, New York City Brownfield Partnership, New York League of Conservation Voters, Real Estate Board of New York, SoBro, Center for Creative Land Recycling, USGBC Long Island, New York State Association for Affordable Housing, Sullivan County Partnership, Upstate United.

    We want to thank you for your commitment to the Brownfield Cleanup Program (BCP) and the Brownfield Opportunity Area Program (BOA) and urge the reauthorization of the BCP and additional improvements to these programs in the FY ’23 budget that you are in the process of finalizing.

    The BCP is working in New York. Since its inception, over 502 projects have been completed statewide, with 50% of the projects in economically distressed En-Zones and many in Environmental Justice and Brownfield Opportunity Areas. The program has created over 6,000 affordable housing units and $17.61 billion in private investments, cleaned up contaminated sites which may not otherwise have been remediated, and is increasing public health benefits by reducing greenhouse gas emissions and improving climate and air quality, which furthers environmental justice goals to promote healthier communities.


    Posted March 28, 2022

  • 28 Mar 2022 2:57 PM | Anonymous member (Administrator)

    By Zack Fink, Spectrum News 1 NY

    Developers are looking to build an eight-story mixed use development on a site in Brooklyn that will contain 10,000 square feet of retail space, and 108 units of affordable housing.

    But first, it must undergo a massive remediation due to previous contamination from dry cleaning chemicals and oil from an auto body shop that once stood here. The developers received tax breaks for that cleanup through the state’s Brownfields Cleanup Program.


    Posted March 28, 2022

  • 24 Mar 2022 1:33 PM | Anonymous member (Administrator)

    The article was published in The Practical Real Estate Lawyer with an acknowledgement to Chemmie Sokolic (The Falcon Real Estate Group) for his assistance on the industry issues.

    According to Schnapf, "In mid-November, ASTM International (ASTM) published the updated version of its “Standard Practice for Environmental Assessments: Phase I Environmental Site Assessment Process” (E1527-21). The new standard replaces the 2013 version (E1527-13), which ASTM now considers a “historical standard.” However, E1527-13 may continue to be used until EPA formally recognizes the latest version." Click here to read the article in its entirety.

  • 22 Mar 2022 2:26 PM | Anonymous member (Administrator)

    By Larry Schnapf

    In our prior blog, we announced that the Environmental Protection Agency (“EPA”) would publish a proposed rule and direct final rule proposing to amend and amending the All Appropriate Inquiries rule (“AAI”)  to reference the revised ASTM E1527-21 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process’’ (“E1527-21”) and allowing it to be used to satisfy the AAI requirements.


    Posted March 22, 2022

  • 18 Mar 2022 10:16 AM | Anonymous member (Administrator)

    Article entitled “Restoring Nature While Building” by Patrick Sisson appeared in the Square Feet column on in the Commercial Real Estate page of the March 16, 2022 New York Times.

    This caught our eye: “People don’t have to use the word ‘sustainability” anymore because it’s expected, said Charles A. Birnbaum, founder and president of the Cultural Landscapes Foundation, and education and advocacy group.  “People expect a level of performance from their landscapes. There is a power of place there waiting to be unlocked.”

    This information appealed to us because we have been looking for data on the positive financial impacts of green space on developments.   “A series of trends have made these projects more valuable, said Matt Norris, director of the Building Healthy Places Initiative at the Urban Land Institute.  For residents, the health benefits of outdoor access are more apparent, especially in the pandemic.  For developers, offices and homes next to parks can accrue up to 20 percent more value, and added green space can help projects earn community support and even unlock zoning incentives.”

    Posted March 18, 2022

  • 17 Mar 2022 11:48 AM | Anonymous member (Administrator)

    By Kirstyn Brendlen, Brooklyn Paper (NY)

    Cleanup is moving along at the former NuHart Plastic Manufacturing plant in Greenpoint as a developer prepares to build two mixed-use buildings on the heavily contaminated lot.

    The western half of the 1-acre site, located between Dupont, Franklin, and Clay streets, was named to the state Superfund list in 2010 after potentially-hazardous chemicals were discovered in the soil, left over from nearly 50 years of plastic and vinyl production at the NuHart factory, which closed in 2004. Last year, Madison Realty Capital started taking ownership of the plot after its old owner filed for bankruptcy protection. Taking over NuHart West also means taking responsibility for the Superfund activities deemed necessary by the state, and Madison also applied for and began a Brownfield cleanup of NuHart East.

    For the entire article, see

    Posted March 17, 2022

  • 14 Mar 2022 2:53 PM | Anonymous member (Administrator)

    Day Pitney Author(s) Harold M. BlindermanElizabeth C. BartonBrianna E. TibettTaylor C. Amato

    As of March 4, the Release Reporting Regulations, Sections 22a-450-1 through 22a-450-6 of the Regulations of Connecticut State Agencies (hereinafter referred to as the Spill Reporting Regulations), are in effect.

    As reviewed in a prior alert, the Spill Reporting Regulations define when and how releases of oil or petroleum; chemical liquids; solid, liquid or gaseous products; or hazardous waste (collectively, referred to as reportable materials) must be reported to the Connecticut Department of Energy and Environmental Protection (DEEP), and they also define what information must be included in any report. There are three categories of release thresholds that will trigger reporting requirements: (1) releases of 5 gallons or more of oil and petroleum; (2) any quantity of certain high-risk releases (i.e., releases that enter the waters of the state, a wetland or a storm sewer, etc.) and releases of materials of special concern as outlined in Appendix A of the Spill Reporting Regulations; and (3) releases of 1.5 gallons or 10 pounds or more of all other reportable materials not covered by (1) or (2). A flowchart available on DEEP's website illustrates when reporting of a release of reportable materials is required.


    Posted March 14, 2022

  • 08 Mar 2022 2:11 PM | Anonymous member (Administrator)

    By Bill Wilkins, New York Daily News

    Thirty-two years ago, my wife and I made the decision to buy a home and raise our family in East New York — a community where she grew up, at the time considered a low-income area with not much hope of economic revival or prosperity. Since then, we have raised three great kids, two of whom have earned graduate degrees from top universities. And as the director of economic development and housing for the local development corporation serving the area’s industrial base, I’ve seen how a thriving local economy can lift nearby families and move a community from poverty to prosperity — but only after the remnants of past pollution have been removed from the area.


    Posted March 5, 2022

  • 03 Mar 2022 9:09 AM | Anonymous member (Administrator)

    by John Hickey, Buffalo News

    New York State needs to renew its brownfield cleanup program, an environmental reclamation effort that has prepared the ground for millions of dollars’ worth of development in Western New York and across the state. What is not needed is an onerous application fee.

    Gov. Kathy Hochul smartly included a 10-year extension of the brownfield program in her proposed budget, but the language includes a proposed $50,000 application fee. The existing law imposes no such expense.


    Posted March 3, 2022

  • 01 Mar 2022 10:09 AM | Anonymous member (Administrator)

    An article in the March 2022 edition of New Jersey Business Magazine featured NJDEP's Commissioner Shawn M. LaTourette, who discussed the brownfield site inventory. You can find the article on pages 38-43 at the following link:

    Thank you to New Jersey Business Magazine and our friends at the Licensed Site Remediation Professionals Association (LSRPA) for sharing this information.

    Posted March 1, 2022

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