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Real Estate and the Environment (Spring '04)

New York’s new brownfield law sets forth critical new requirements designed to foster and regulate the redevelopment of contaminated properties. The new law was enacted in October 2003 after several years of debate and is expected to result in the significant redevelopment of industrial and commercial properties that are underutilized due to environmental liabilities. Representatives from the New York State Department of Environmental Conservation provide presentations on the agency’s initiatives under the new program. Department representatives also provide presentations on agency involvement in transactions including agency sign-offs, consent orders, and freedom of information law requests. The regulations required under the new law pertaining to cleanup standards are described as well as the associated requirements for commercial and industrial properties.

Experienced practitioners describe the details of the new tax credits available under the law, as well as public participation and community involvement opportunities. Additionally, environmental attorneys present strategies to complete successful real estate transactions on properties with contamination problems. Associated ethical issues relating to spill reporting obligations and resolving transactional conflicts are addressed.

Environmental and real estate practitioners, business attorneys, and others involved in buying and selling of real estate and businesses must be aware of these developments.

Program Contents

· Overview of New York’s New Brownfield Law

· Brownfield Cleanup Programs

· Tax Credits

· Brownfields, the Municipality and Citizen Organizations

· Developing and Marketing the Brownfield Site

· Agency Involvement in Transactions and Brownfield Process

· Land Use Controls and Cleanups Standards

· Real Estate Transactions and Ethical Issues

Program Speakers

James P. Rigano, Esq. (Chair)

Certilman Balin Adler & Hyman, LLP

—Hauppauge

John Schuyler Brooks, Esq.

Ruskin Moscou Faltischek, P.C.

—Uniondale

Barry S. Cohen, Esq.

Certilman Balin Adler & Hyman, LLP

—Hauppauge

Denise J. D’Ambrosio, Esq.

Assistant Counsel

New York State Department of Environmental Conservation

—Tarrytown

Dale A. Desnoyers, Esq.

New York State Department of Environmental Conservation

Division of Environmental Remediation

—Albany

Thomas E. Pease, Ph.D.

Lawler, Matusky & Skelly Engineers LLP

—Pearl River

James Perazzo

ERM

—Melville

Marla B. Rubin, Esq.

Law Offices of Marla B. Rubin

—Mohegan Lake

Lowell A. Seifter, Esq.

Green & Seifter PLLC

—Syracuse

David Stoner

S & W Redevelopment of North America

—Syracuse

Total MCLE Credits                        6.5

Ethics MCLE Credits                       0.0

* Each additional person who uses the tapes for MCLE credit must purchase a copy of the “MCLE coursebook.”

Product Type	Member Price	Non Member Price
Real Estate and the Environment: New York's New Brownfield Law (2004) (This product cannot be used to receive MCLE credit) (CLE CourseBooks) 1535	$40.00	$60.00
+ Real Estate and the Environment: New York's New Brownfield Law (2004) (MCLE credit only if you have access to the course's audio/video/CD recording. You cannot receive MCLE credit from a coursebook alone.) (CLE CourseBooks) 1535M	$85.00	$160.00
* Real Estate and the Environment (Spring '04) (MCLE Audio on CD) D5353	$175.00	$260.00