Site qualifies as brownfield

DEC acted outside its authority by creating “but-for” test to deny eligibility. East River Realty Company LLC owned several contaminated properties in the Murray Hill neighborhood of Manhattan and in 2001 entered them into the NYS Dept. of Environmental Conservation’s Voluntary Cleanup Program. The sites are former Con Edison sites, and are among the largest and most valuable development sites in the City.

Following the enactment of the State’s Brownfield Cleanup Program in 2003, East … <Read More>


Court compels DEC to accept brownfield application

DEC overstepped its authority by judging application against eligibility regulations not found in Brownfield statute. HLP Properties LLC owned a 1.75 acre surface parking lot bounded by West 17th and 18th Streets between 10th and 11th Avenues in Manhattan. The lot was part of the former West 18th Street manufactured gas plant, a 19th century facility that converted coal to combustible gas for all of Manhattan north of Canal Street. The plant operated for more … <Read More>