Environmental Issues: Understanding New York Regulations and Compliance

Environmental issues in New York fall under both state and federal jurisdiction, with the DEC enforcing the Environmental Conservation Law and related provisions. Federal environmental statutes, including the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act, establish baseline protections that New York often exceeds. The DEC coordinates with federal agencies and local governments to address environmental issues affecting air quality, water resources, and soil contamination. Compliance with these overlapping regulatory schemes requires understanding which agency has primary jurisdiction and what specific obligations apply to your situation.

Environmental professionals, including architects and engineers, must maintain proper certification when making environmental determinations. The public health law establishes registration and re-registration requirements for licensed professionals involved in environmental assessment and remediation. Professional misconduct in certifying environmental conditions can result in disciplinary action, including denial of re-registration. Organizations must ensure that environmental certifications are prepared by qualified professionals meeting all statutory requirements and maintaining current licensure status.

Maintaining comprehensive documentation is critical for demonstrating compliance with environmental regulations. Businesses must keep records of permits, inspections, certifications, and remedial actions related to environmental issues. The DEC may request these records during inspections or investigations, and incomplete documentation can result in enforcement action. Environmental professionals preparing certifications under section nineteen of the tax law must maintain detailed records supporting their determinations and conclusions.

Environmental site assessments identify potential contamination and environmental issues affecting a property. Phase I assessments review historical use and identify potential contamination sources, while Phase II assessments involve soil and groundwater testing. Once environmental issues are identified, property owners must develop remedial action plans meeting DEC requirements. These plans outline specific cleanup standards, remediation methods, and timelines for addressing environmental issues. Professional environmental consultants and legal counsel work together to ensure remedial plans satisfy regulatory requirements and protect property owners from liability.

Environmental liability can extend to current property owners, previous operators, and parties responsible for environmental issues. New York recognizes certain defenses and liability limitations for parties addressing environmental contamination. Energy and environmental law specialists can advise property owners on liability exposure and protective measures. Understanding liability allocation is essential when environmental issues are discovered during property transactions or development projects. Legal counsel can help negotiate allocation of environmental remediation costs and establish appropriate indemnification provisions.

When environmental issues arise, legal counsel can negotiate with the DEC and other agencies to develop workable compliance solutions. Regulatory agencies often provide flexibility in implementation timelines and remediation approaches when property owners demonstrate good faith compliance efforts. Attorneys can request administrative relief, variance approvals, or modified compliance schedules based on site-specific environmental issues. Proactive communication with regulators and documented compliance efforts strengthen a property owner's position when addressing environmental violations or contamination discoveries.