Brownfield Remediation in New York State: Key Regulatory Changes and Implications for Developers

Brownfield Remediation in New York State: Key Regulatory Changes and Implications for Developers

Summary This special episode of SPRingBoard was recorded as part of a joint webinar hosted by Sive, Paget & Riesel P.C. and Bousquet Holstein PLLC. Revised regulations for New York's environmental remediation programs (including the Brownfield Cleanup Program) took effect on December 31, 2025. For developers and environmental professionals, the final Part 375 regulations clarify certain issues while raising new challenges and opportunities. The final Part 375 regulations will also significantly impact the availability and anticipated amount of brownfield tax credits for many sites, including some sites already in the BCP. This joint webinar by Sive, Paget & Riesel and Bousquet Holstein, originally hosted on March 12, 2026, discussed the updated Part 375 regulations. Panelists focused on the BCP from a developer's perspective, covering new requirements and open issues, and provided practical pointers about site cleanups and brownfield tax credit considerations. Production support for this episode was provided by Charlotte Hawes, Legal Marketing Assistant at SPR. Chapters * 00:00 Introduction to DEC's Regulatory Amendments * 03:14 Historical Context of the Brownfield Program * 05:25 Key Changes in Remedial Tracks * 11:50 Implications of Conditional Track Changes * 17:50 Tax Credit Considerations for Developers * 23:36 Changes in Soil Cleanup Objectives * 29:43 Subjective Eligibility and Site Assessment * 35:27 Navigating the New Regulations * 48:28 Understanding Remediation and Tangible Property Credits * 54:25 Navigating Site Cover Definitions and Tax Credit Eligibility * 01:05:25 Changes in Use and Work Plan Requirements * 01:14:41 Exploring New Tangible Property Credit Gateways * 01:20:10 Addressing Engineering Controls and Passive Systems Disclaimer: The content of this webinar is for informational purposes only and should not be considered legal advice. The views and opinions expressed in this program are those of the speakers in their individual capacities and do not necessarily reflect the views or opinions of Sive, Paget & Riesel, Bousquet Holstein, and/or any of the clients they represent.

Turning Off The Tap: The Future of PFAS Regulation Under Shifting Federal and State Laws

Summary In the latest episode of the SPRingBoard Environmental Law Podcast, host Ahlia Bethea guides us through a discussion on one of the most pervasive and daunting environmental threats: PFAS, the so-called “forever chemicals.” As scientific evidence mounts and public concern grows, PFAS contamination has become a flashpoint for legal, regulatory, and equity debates across the country. Recent federal actions, such as the EPA’s first-ever national drinking water limits and subsequent rollbacks, have sparked intense discussion about the future of regulation and the role of states in filling federal gaps. To dissect these issues, Ahlia is joined by Christine Santillana, Senior Legislative Counsel at Earthjustice, and David Ansel, Vice President of Water Protection at Save the Sound. In this episode, they explore the science behind PFAS toxicity and persistence, the evolving legal frameworks at both federal and state levels, and the practical challenges of enforcement, monitoring, and remediation. What does it mean to regulate PFAS as a class rather than one chemical at a time? How can states like New York and California lead the way? What are the implications for environmental justice, public health, and community advocacy as the regulatory landscape continues to shift? Production support for this episode was provided by Charlotte Hawes, Legal Marketing Assistant at SPR. PFAS-Free NY Website Link: https://pfasfreeny.org/ [https://pfasfreeny.org/] Takeaways * PFAS are everywhere: These man-made chemicals are found in countless products (nonstick pans, waterproof clothing, firefighting foam, food packaging, dental floss, etc.) and persist in the environment and human bodies. * Health risks are potentially serious: PFAS exposure is linked to cancer, immune system effects, and other chronic health problems. * EPA action is historic but limited: The EPA’s 2024 designation of PFOA and PFOS as hazardous substances under CERCLA is a milestone, allowing for polluter accountability and cleanup, but only covers two chemicals out of hundreds in use. * Regulation struggles to keep up: Industry continues to introduce new PFAS variants, making regulation a “whack-a-mole” challenge. Advocates push for regulating PFAS as a class, not just individual compounds. * State leadership is crucial: States like New York, Connecticut, Minnesota, Maine, and California are passing laws to phase out PFAS in consumer products. * Industry pushback is strong: Trade associations and manufacturers lobby against PFAS regulations, for example there has been recent industry pushback in California to proposed regulation of PFAS in cookware.   * Monitoring and infrastructure investment needed: Effective PFAS response requires investment in water testing and wastewater treatment upgrades. * Environmental justice is central: PFAS contamination disproportionately affects low-income, rural, and communities of color. Targeted funding, community engagement, and policy integration are needed. * Federal rollbacks pose risks: Recent EPA moves to rescind or delay drinking water limits for certain PFAS threaten public health, especially in vulnerable communities. * Local action matters: Communities can pass local laws banning sewage sludge on farmland and set up independent water testing, showing that local advocacy can drive change even when federal or state action lags. Disclaimer: The content of this podcast, and its supplemental material, is for informational purposes only and should not be considered legal advice. The views and opinions expressed in this program are those of the speakers in their individual capacities and do not necessarily reflect the views or opinions of SPR and/or any of the clients they represent.

Unlocking the Ocean Sink: Permitting and Deployment of Marine Carbon Dioxide Removal Technologies

Summary In the latest episode of the SPRingBoard Environmental Law Podcast, host Michael Hannaman explores one of the most promising and complex frontiers in climate innovation: Marine Carbon Dioxide Removal (mCDR). As global emissions continue to rise and the path to limiting warming to 1.5°C narrows, mCDR technologies are emerging as a key mitigation tool. These technologies leverage the ocean’s natural carbon cycle to capture and store CO₂, but questions remain about paths forward to large-scale deployment. To unpack this topic, Michael is joined by Garrett Boudinot (founder and CEO of Vycarb) and Meg Holden (principal at SPR). Together, they examine the science, economics, and legal frameworks underpinning the mCDR field and discuss the social and environmental considerations that guide deployment. What are the key factors for evaluating whether mCDR technologies can truly deliver durable climate benefits? What do early pilot projects reveal about technical feasibility and regulatory hurdles? And as the field matures, how can innovators and policymakers work together to streamline permitting, build public trust, and maximize impact? Production support for this episode was provided by Charlotte Hawes, Legal Marketing Assistant at SPR.    Takeaways   * The current pace of emissions reductions is insufficient to meet the 1.5 degrees Celsius target set by the Paris Agreement, with marine carbon dioxide removal offering a promising path to removing carbon already in the atmosphere. * Key challenges surrounding mCDR include scaling technologies, ensuring legal compliance, and addressing social concerns. * Carbon capture involves point source CO2 removal, while carbon removal targets atmospheric CO2. Storage solutions include utilization and sequestration. * Ensuring the effectiveness of mCDR technologies requires robust measurement, reporting, and verification (MRV) systems. * mCDR has the potential to be cost-effective compared to other carbon removal methods, with projections under $100 per ton of CO2 removed. * mCDR must be developed responsibly to avoid unintended negative impacts on ocean ecosystems and gain public acceptance. * The U.S. lacks a unified legal framework for mCDR, relying on a patchwork of existing environmental laws. * Successful mCDR projects require engaging local and global communities, ensuring transparency, and demonstrating positive impacts. * mCDR technologies like Vycarb's aim to become major carbon management solutions, with ongoing pilots and research to refine and scale the approach.   Chapters * 00:00 Introduction to Marine Carbon Dioxide Removal (mCDR) * 04:53 Understanding Carbon Capture and Sequestration * 07:43 Evaluating Effectiveness of mCDR * 10:12 Approaches to Carbon Dioxide Removal from Oceans * 13:29 Economic and Social Considerations in mCDR * 16:08 Vycarb's Technology and Its Impact * 19:12 Pilot Projects and Learnings * 21:50 Scaling Vycarb's Technology * 24:38 Business Case for mCDR * 31:20 Navigating the Legal Landscape of mCDR * 39:07 Permitting Challenges and Success Stories * 48:49 Community Engagement in mCDR Projects * 54:13 Best Practices for Attorney-Startup Partnerships * 58:10 Disclaimer   Disclaimer: The content of this podcast, and its supplemental material, is for informational purposes only and should not be considered legal advice. The views and opinions expressed in this program are those of the speakers in their individual capacities and do not necessarily reflect the views or opinions of SPR and/or any of the clients they represent.

AI's Double-Edged Sword: Navigating Environmental Impact and Opportunity

Summary In the fourth episode of the SPRingBoard Environmental Law Podcast, host Ahlia Bethea dives into the urgent and complex intersection of artificial intelligence and environmental sustainability with guests Shaolei Ren (Associate Professor of electrical and computer engineering at the University of California, Riverside) and Will Kletter (COO at ClimateAi). Together, they explore the environmental costs and transformative potential of AI, from the resource demands of large language models to the promise of predictive modeling in enhancing climate resilience.   The episode clarifies key AI concepts, including generative AI, large language models, and predictive analytics, while addressing big-picture questions: Can AI help us adapt to a warming planet? What regulatory frameworks are needed to ensure its responsible deployment? And how can the tech community collaborate with policymakers and scientists to build a more sustainable digital future?  Production support for this episode was provided by Charlotte Hawes, Legal Marketing Assistant at SPR.    Takeaways   * The local and regional impacts of AI, such as on water and air quality, are significant and deserve attention.  * AI is playing an increasingly important role in climate resilience, particularly in predicting weather-related impacts on agriculture and supply chains.  * Since we are already facing the impacts of climate change, the conversation around AI and the environment must shift from focusing solely on climate mitigation to adaptation.  * Regulatory frameworks can help drive sustainability in AI, much like they do in other industrial sectors.  * AI has the potential to optimize decision-making in complex environments, offering promising advancements.  * Transparency in understanding AI's environmental costs is essential for making informed decisions.  * Policies that enable rapid deployment of renewables are highly important in mitigating the climate impacts of data centers.   * While observers are typically polarized into anti-AI and pro-AI camps, it is important to avoid extreme positions to make evidence-based, scientific decisions.    Chapters  * 00:00 Introduction to AI and Environmental Challenges  * 02:35 AI's Environmental Impact: A Double-Edged Sword  * 04:48 Harnessing AI for Sustainable Solutions  * 05:01 The Dual Nature of AI: Opportunities and Risks  * 07:21 Introduction to Water Consumption in AI Models  * 09:56 The Environmental Impact of AI and Data Centers  * 12:14 Regulatory Gaps and Corporate Responsibility  * 15:18 The Role of Policy in Sustainability  * 18:35 AI in Predictive Analytics for Climate Resilience  * 22:27 Decision-Oriented Learning in AI  * 26:33 Social Justice and Environmental Awareness  * 31:02 Global Perspectives on AI Regulation  * 34:59 Shaping Positive Actions with AI  * 36:15 Closing Thoughts on AI and Sustainability  * 39:01 Conclusion and Disclaimer    Disclaimer: The content of this podcast, and its supplemental material, is for informational purposes only and should not be considered legal advice. The views and opinions expressed in this program are those of the speakers in their individual capacities and do not necessarily reflect the views or opinions of SPR and/or any of the clients they represent.

Building a Sustainable Future: The Role of Construction

Summary In this episode of Springboard, host Ahlia Bethea discusses the evolving intersection of construction and sustainability with guests Amanda Kaminsky (Director of Sustainability at Consigli Construction Co., Inc) and Alexis Saba (Associate at SPR). They explore local action like NYC’s Local Law 97, the changing definitions of sustainability in construction, and the roles of public and private sectors in driving sustainable practices. The conversation also addresses the challenges faced in implementing sustainability measures, the importance of transparency, and the innovations in building materials and reuse strategies. In this conversation, Amanda and Alexis discuss the complexities and advancements in sustainable construction, focusing on concrete performance, local sourcing, embodied carbon, and the role of government regulations. They highlight the importance of optimizing materials for both short-term performance and long-term sustainability, the benefits of local sourcing, and the challenges of understanding and addressing embodied carbon. The discussion also touches on global perspectives and innovations in the field, emphasizing the momentum and collaborative efforts driving progress in sustainable construction. Takeaways * Sustainability in construction has evolved from energy efficiency to include embodied carbon and resource conservation. * Local action, like NYC’s Local Law 97, is increasing momentum in the construction industry towards sustainability as this sector plays a huge role in regulating greenhouse gas emissions from large buildings in New York City. * Transparency in sustainability metrics is crucial for accountability. * Health considerations are increasingly influencing sustainability in construction projects. * The liability of not being proactive in sustainability can lead to stranded assets. * Collaboration among project teams is vital for achieving sustainability goals and developing innovative solutions. The performance of building materials, such as concrete, must be optimized for strength and durability, while expanding reuse and recycling to achieve emissions reductions. * Local sourcing of materials is crucial for sustainability in construction. * Embodied carbon is a significant challenge that needs to be addressed. * Government action and regulations can play a vital role in promoting sustainable practices and setting precedents for private sector sustainability initiatives. * Innovations like Passive House are becoming more relevant in modern construction. * Collaboration among various stakeholders is essential for progress. * Understanding the manufacturing process can enhance transparency and trust. Chapters * 00:00 Introduction to Sustainability in Construction * 01:48 Understanding Local Law 97 and Its Impact * 04:08 Evolving Definitions of Sustainability in Construction * 08:14 Public vs. Private Sector Sustainability Initiatives * 10:02 Ensuring Transparency and Accountability in Sustainability * 11:40 Drivers of Sustainability in Construction * 17:36 Challenges Facing Sustainability in Construction * 21:01 Innovations in Building Materials and Reuse Strategies * 23:47 Optimizing Concrete Performance for Sustainability * 28:01 The Importance of Local Sourcing in Construction * 30:29 Understanding Embodied Carbon and Its Challenges * 34:49 The Role of Government in Sustainable Construction * 38:27 Global Perspectives on Sustainable Construction * 43:27 Future Trends and Innovations in Construction Sustainability * 48:14 Disclaimer Disclaimer: The content of this podcast, and its supplemental material, is for informational purposes only and should not be considered legal advice. The views and opinions expressed in this program are those of the speakers in their individual capacities and do not necessarily reflect the views or opinions of SPR and/or any of the clients they represent.