New York’s New Brownfields Law: Open For Business or Still Under Construction?

After several fits and starts, New York State has joined several of its neighboring sister states by enacting new brownfields legislation of its own, known as the New York Brownfield Cleanup Program (“BCP”). Although the new program offers a variety of incentives aimed at enticing parties to revitalize and reuse brownfields in New York, the efficacy of these changes is currently an open question due to a number of shortcomings with the statute’s liability protection and cleanup standards provisions. Stayed tuned, though, as a legislative or administrative fix could be in the offing in the coming months.