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New York, as the nation's second most populous state, and one of its oldest and most urban, has an abundance of brownfields-slightly contaminated properties that were formerly used for industrial purposes, but that are now unused or underused, and ripe for redevelopment if they can be cleaned up. Thus, it may be surprising that New York is one of the few states without a comprehensive statute or regulation for the voluntary cleanup of brownfields.

There is, however, more here than meets the eye. New York has three important programs and several smaller ones that provide procedures, money, or incentives for cleanups. But there is also less than meets the eye, because these programs have so many gaps and overlaps that, in many situations, wholly satisfactory results still cannot be achieved.

This Article begins with an exploration of the three main programs: the 1996 Clean Water/Clean Air Bond Act, the voluntary remedial program, and the Title 13 program. It then discusses the less important programs, including the petroleum spill cleanup system and various economic incentives. It concludes with an assessment of what all these programs add up to.


Environmental Law | Law