Mott Haven campus rendering. Credit: Perkins Eastman.

Community Group sued the School Construction Authority seeking a long-term maintenance and monitoring protocol for the Mott Haven School site. The Mott Haven school campus site, consisting of four public schools, was formerly a railroad yard in the South Bronx. The site contained soil and ground water that were significantly contaminated, and the site needed to be remediated before the campus could be built. The campus opened in 2010.

The New York State Department of Environmental Conservation (DEC) accepted the most contaminated section of the Mott Haven campus site into the Brownfield Cleanup Program in 2005. The School Construction Authority (SCA) filed the final version of its Environmental Impact Statement (EIS) pursuant to the State Environmental Quality Review Act (SEQRA) in 2006. The EIS made detailed findings as to the environmental impacts of the project. The SCA completed the remediation measures on the site in 2007. (read more…)

Court previously overturned DEC’s denial of developer’s application and ordered additional analyses. A developer planned to construct a 341-unit mixed-use building on a 17,700 sq.ft. parking lot at 29 Flatbush Avenue in Fort Greene, Brooklyn. An environmental assessment of the site revealed the presence of lead and semi-volatile organic compounds. The developer subsequently applied to the State Department of Environmental Conservation’s Brownfield Cleanup Program.

DEC determined that the property did not meet the statutory definition of a brownfield site and denied the application. Although DEC acknowledged that the property’s contamination levels exceeded regulatory standards, it found that the contamination would not complicate development of the site. The developer filed an article 78 petition challenging the determination.

Justice Arthur M. Schack vacated the decision, ruling that DEC’s interpretation of its “complication of development” test contravened the statutory requirement that the definition of a brownfield site be broadly construed. Justice Schack, however, noted that an improper denial did not mean the site should be automatically included in the program and ordered the developer to submit to DEC additional environmental and financial studies. 7 CityLand 80 (June 15, 2010). (read more…)