Barclay Damon
Barclay Damon

United, Clients Push Back Against Regulatory Overreach

Recognizing that individual businesses challenging state regulations could face repercussions, more than two decades ago, one of our attorneys organized The New York State Superfund Coalition, Inc., a group that included multi-national manufacturers, large transporters and other businesses that owned properties designated as “Superfund” sites in New York.

In 2006, the New York State Department of Environmental Conservation (NYSDEC) promulgated a regulatory cleanup goal of "pre-disposal conditions, to the extent feasible" for Superfund sites, even though the state statute says the goal is “a complete cleanup of the site through the elimination of the significant threat.”  The NYSDEC regulation created an unwarranted burden for site owners.

Our attorney litigated the issue all the way to the New York State Court of Appeals. In a split decision, the Court sustained the regulation, but reined in the NYSDEC, requiring that its  “administrative directives can be constrained by technological feasibility, cost-effectiveness and procedural due process, among other things.” The court ruling provided our clients with confidence that they would be able to clean up properties promptly and at an achievable cost.


For More Information on Barclay Damon's Environmental Practice Area:

Frank Bifera

p: 518.429.4224

f: 518.427.3487

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Yvonne Hennessey

p: 518.429.4293

f: 518.427.3472

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