East River Realty Co. v. New York State Department of Environmental Conservation

The BCE was enacted “to encourage persons to voluntarily remediate brownfield sites for reuse and redevelopment” (ECL 27-1403). “Brownfield site” is defined as “any real property, the redevelopment or reuse of which may be complicated by the presence or potential presence of a contaminant” (ECL 27-1405 [2]). A would-be participant in the program must submit a request that includes information “sufficient to allow the department to determine eligibility and the current, intended and reasonably anticipated future land use of the site” (ECL 27-1407 [1]). We reject respondent’s argument that a…