Do I need an environmental lawyer for a simple commercial real estate deal?
If the site has any industrial history — auto body, dry cleaner, gas station, manufacturing, printing — yes. New York environmental liability transfers to the new owner under both CERCLA and New York Navigation Law, and a clean Phase I plus a properly drafted environmental indemnity can shift hundreds of thousands of dollars of risk. For pure office, retail in a clean building, or residential, you can often rely on standard contract language without dedicated environmental counsel.
What is the New York Brownfield Cleanup Program and is it worth applying?
The BCP is a voluntary state program that gives owners and developers tax credits in exchange for cleaning contaminated property to risk-based standards. Credits are particularly generous in environmental zones (parts of upstate NY and certain NYC neighborhoods) and for affordable housing. The application process takes 6-9 months and the cleanup work takes 1-3 years, but credits typically exceed legal and consulting fees by a substantial margin.
What is SEQRA and CEQR and when do they apply?
SEQRA is the New York State Environmental Quality Review Act; CEQR is its NYC implementation. They require state and city agencies to consider the environmental impact of discretionary actions — rezonings, special permits, large developments. A SEQRA/CEQR negative declaration takes 2-4 months; a full Environmental Impact Statement takes 6-15 months and adds substantial cost to any project.
Is PFAS now regulated under CERCLA in New York?
Yes. EPA designated PFOA and PFOS as CERCLA hazardous substances in 2024, opening the door to Superfund cost recovery actions. New York also sets drinking water MCLs for PFOA, PFOS, and 1,4-dioxane that are stricter than federal limits. Any site with firefighting foam, electroplating, or chemical manufacturing history should be screened for PFAS as part of due diligence.
My business got a Notice of Violation from NYSDEC — what do I do?
Do not respond informally or admit facts. Engage environmental counsel within the response window stated on the NOV. Most NYSDEC NOVs resolve through a consent order with a stipulated penalty and a compliance schedule. Counsel can negotiate the penalty down, scope the compliance work realistically, and avoid admissions that create exposure in any future private litigation.
Who pays for cleanup at a contaminated site I just bought?
By default, the current owner. Federal CERCLA creates owner liability without regard to fault, and New York Navigation Law does the same for petroleum. Defenses exist — bona fide prospective purchaser, innocent landowner, contiguous property owner — but they require pre-acquisition diligence and ongoing compliance with continuing obligations. This is why environmental review before closing matters.
How long does a CERCLA Superfund cost recovery action take in NYC?
Multi-year. The Hudson River, Gowanus Canal, and Newtown Creek Superfund matters have been running 10-20+ years. Most resolve through PRP allocation negotiations and consent decrees rather than full trials. Plan on a sustained, multi-year engagement if your business is named a PRP at a NYC-area Superfund site.