NEWS

  • Brown Duke & Fogel, P.C., in conjuction with the Elizabeth Haub School of Law at Pace University, will be hosting a CLE: Hot Topics: Brownfields in New York, on Wednesday, March 30, 2022. This is a watershed year for Brownfield Law and Regulation in New York State. Recent Legislative and Regulatory amendments are proposed that will have long-standing impacts on the redevelopment of contaminated properties throughout New York State, and especially New York City. You can learn about these developments in the Brownfield Cleanup Program from expert panelists & Pace Law Alumni: George Duke, Esq. (‘02), Partner at Brown Duke & Fogel, P.C., Jennifer Andaloro, Esq. (‘02), Office of General Counsel, New York State Department of Environmental Conservation, James Ward, Esq. (’18), Associate at Brown Duke & Fogel, P.C., and Mark McIntyre, Esq., Director and General Counsel, New York City Mayor’s Office of Environmental Remediation, and Jane H. O’Connell, P.G., Regional Remediation Engineer, Division of Environmental Remediation, New York State Department of Environmental Conservation. Registration information can be found here.

  • Brown Duke & Fogel, P.C. is proud to sponsor the Virtual Redevelopment Roundtable Meeting of the New York City Brownfield Partnership to be held from 8:15 - 10:45 am on Tuesday, March 15, 2022. The Roundtable discussion is an opportunity for Brownfield professionals from several disciplines to share updates and ideas about the current state of brownfield redevelopment in New York City. Brown Duke & Fogel, Partner, George Duke, along with several other experts, will be providing updates on the future of the brownfield program, regulatory news and trends, insurance, affordable housing, solid waste, and many other initiatives and programs of importance to brownfield redevelopment in New York City. Information on the program can be found here.

  • updating Site Classification and Administrative Designations,

  • clarifying the definition of Change of Use,

  • removing the definition of Historic Fill,

  • elaborating on the Cover System Requirements and Site Cover for remediation,

  • revising the definitions of Underutilized and Upside Down sites,

  • editing the cleanup track language,

  • clarifying sites that are eligible for Tangible Tax Credits under the BCP, and

  • removing the Environmental Easement requirement for sites where the only restriction to be placed on a site is a prohibition on the use of groundwater and the local municipality has a groundwater use prohibition in statute or ordinance.

The proposed revisions are available on the NYSDEC’s website here. 

  • Brown Duke & Fogel, P.C. is proud to sponsor the New York Construction Materials Association’s 23rd Annual Fall Meeting - Brown Duke & Fogel, P.C. is a Platinum Sponsor of the New York Construction Materials Association (“NYMaterials”) Annual Fall Meeting held from November 17-19, 2021 at The Saratoga Hilton in Saratoga Springs, New York. Partner Michael Fogel will be a moderator and presenting opening remarks at the Environmental Forum. NYMaterials is a trade association representing the business and regulatory interests of the construction aggregate, hot-mix asphalt and ready-mix concrete industries. Information about the meeting can be found here.

  • George Duke and James Ward present SEQRA Seminar - On October 14, 2021, George Duke and James Ward presented a legal and environmental training seminar through Lorman Education Services entitled Current Issues in the State Environmental Quality Review Act (“SEQRA”). Topics included: (1) an overview of the SEQRA process; (2) the use of Generic Environmental Impact Statements in project development; (3) recent decisions in SEQRA litigation; and (4) proposed amendments to the SEQRA regulations. Information about the seminar can be found here.

  • Brown Duke & Fogel, P.C. is a proud sponsor of the 27th Annual Meeting of the Sullivan County Partnership for Economic Development - Brown Duke & Fogel, P.C. is proud to serve as a sponsor of the Sullivan County Partnership for Economic Development 27th Annual Meeting and Awards event that will be held at Resorts World Catskills, 888 Resorts World Drive, Monticello, New York, on October 6, 2021. The Partnership for Economic Development in Sullivan County is a private not-for-profit corporation who’s team of economic development professionals works with commercial real estate brokers, developers, site selection firms and local and statewide economic development agencies to find the most advantageous and cost-effective locations for corporate attraction and expansion of industry in Sullivan County. More about the Partnership and the event can be found here.

  • George Duke will be presenting at the New York City Brownfield Partnership Virtual Event - Affordable Housing & Brownfields - New Challenges on March 18, 2021 from 8:30-10am - Mr. Duke will join a varied panel including affordable housing developers, tax, environmental and public finance attorneys, environmental engineers and environmental consultants who specialize in affordable housing projects that utilize the New York State Brownfield Cleanup Program (BCP). This virtual program will discuss several topics related to Brownfield Redevelopment in New York City, with a particular focus on Affordable Housing. The program will provide practitioner’s perspectives and identify new challenges to financing affordable housing projects in New York City. The program will also provide an update on recent legislative developments and provide possible solutions to common problems encountered when navigating brownfield redevelopment of affordable housing projects. Information on the program can be found here.   

  • New Jersey News - On February 8, 2021, the New Jersey Department of Environmental Proptection (NJDEP) Acting Commissioner Shawn LaTourette issued an order, effective Feb. 1, that extends site remediation deadlines in 2021.

    The Temporary Rule Modification serves to:

    •  Extend certain timeframes that have been and will be reached during the period which EO 103 remains in effect for an additional 185 days (totaling 455 days).

    • Extend timeframes for sites that were subject to the Site Remediation Reform Act’s (SRRA) statutory remedial investigation deadline and which had a remedial action timeframe of May 2021 to May 2022.

      See NJDEPs full summary here.

      See the full Executive Order here.

  • George Duke will be presenting the Superfund and Brownfield case law Update at the Superfund/Brownfield Update CLE at the New York State Bar Association on December 2, 2020 - The New York State Bar Association is presenting its Superfund/Brownfield Update 2020 at the New York State Bar Association on December 2, 2020. Topics include an update on the New York State Brownfield Cleanup Program from NYSDEC counsel; a review of developments under the Federal Superfund program from attorneys from the USEPA and the NYS Office of Attorney General; an overview of New York’s Land Banks; new ASTM Standards pertaining to environmental due diligence and case law updates involving superfund and brownfield sites in New York. Information on the course can be found here.   

  • Brown Duke & Fogel, P.C. is proud to sponsor the Virtual Redevelopment Roundtable Meeting of the New York City Brownfield Partnership to be held from 8 - 11 am on Tuesday, December 1, 2020. The Roundtable discussion is an opportunity for Brownfield professionals from several disciplines to share updates and ideas about the current state of brownfield redevelopment in New York City. Brown Duke & Fogel, Partner, George Duke, along with several other experts, will be providing updates on the future of the brownfield program, regulatory news and trends, insurance, affordable housing, solid waste, and many other initiatives and programs of importance to brownfield redevelopment in New York City. Information on the program can be found here.

  • Brown Duke & Fogel, P.C. is proud to announce that effective October 23, 2020, we have formed a reciprocal “of counsel” relationship between the firm and New York City based Periconi, LLC.

    Periconi, LLC principal James Periconi declared: “We are thrilled to have found a very congenial group of skilled, smart, hard-working lawyers with which to associate. Even before we signed a formal agreement, we began working on a couple of matters. The conversations left me feeling that I’d worked with these attorneys for years, that we analyzed legal problems in the same way, but had different experiences to share with each other and enrich the analysis, resulting in a sharper strategy for our clients. And their litigation capabilities are impressive, allowing me to take on new matters that I might have been reluctant to take on in the past.”

    George Duke, of Brown Duke & Fogel, added: “We are honored and delighted to be working with James Periconi. His measured, intelligent and effective approach to analyzing complicated legal issues perfectly complements our own. Our association with James Periconi and his vast environmental experience in and contributions to environmental law in New York immediately elevates our firm’s abilities and reputation. More importantly for our clients, it expands our ability to continue resolving complex environmental issues for our clients in a cost-effective manner by drawing upon a wealth of environmental legal knowledge and experience.”

    Each firm will maintain their existing offices, offering expanded opportunities for client conferences and meetings.

  • George Duke is scheduled to participate as a panelist on Brownfields and Regulatory Hot Topics at the Northeast Sustainable Communities Workshop (NSCW) Virtual Conference on Tuesday, July 21, 2020 presented by the Brownfield Coalition of the Northeast (BCONE). The 11th annual NSCW Conference is moving forward as planned but is going virtual due to social distancing guidelines. NSCW is the premier metropolitan workshop on identifying sustainable goals and strategies for revitalizing communities and brownfields. This Conference is for those who would like to share their experience and learn from others experience in the environmental and real estate challenges of brownfield redevelopment. Information about the NSCW Conference and Registration can be found here.

  • Michael Fogel presents a CLE on Important Developments in the Clean Water Act. On June 18, 2020 at 3pm, Michael Fogel will be presenting a CLE program on Important Developments in the Clean Water Act to the Onondaga County Bar Association. Topics include the newly enacted Navigable Protection Waters Rule and the United States Supreme Court’s decision in County of Maui v. Hawaii Wildlife Fund and their impacts on project development and the regulated community.

    Registration is available online at www.onbar.org.

  • Brown Duke & Fogel, P.C. is proud to sponsor the Virtual Redevelopment Roundtable Meeting of the New York City Brownfield Partnership to be held from 8 - 11 am on Tuesday, June 16, 2020. The Roundtable discussion is an opportunity for Brownfield professionals from several disciplines to share updates and ideas about the current state of brownfield redevelopment in New York City. Brown Duke & Fogel, Partner, George Duke, along with several other experts, will be providing updates on the future of the brownfield program, regulatory news and trends, opportuntiy zones, insurance, affordable housing, solid waste, resiliancy, and many other initiatives and programs of importance to brownfield redevelopment in New York City. Information on the program can be found here.

  • George Duke presents a CLE webinar on Brownfield Redevelopment in Opportunity Zones: Taking Advantage of OZ Tax Benefits. On May 20, 2020 at 1pm, George Duke co-presented a CLE webinar that provided counsel with guidance based on the opportunity zone (OZ) regulations recently released by the Treasury Department related to brownfield redevelopment. The presentation addressed the IRS requirements in the assessment, remediation, and redevelopment of brownfield properties located in OZs in order to take advantage of the tax incentives created by prior tax reform. The webinar can be viewed here.

  • Michael Fogel moderates NSSGA Young Leaders Virtual Meetup. On May 19, 2020, Michael Fogel moderated a NSSGA Young Leaders Virtual Meetup for the Northeast Region with special guest Congresswoman Elise Stefanik (NY-21). NSSGA Young Leaders from states across the Northeast Region participated in this virtual meetup to discuss national and local issues related to the construction aggregates industry.

  • U.S. Environmental Protection Agency and Army Corps of Engineers Publish Final Wetlands Rule. On April 21, 2020, the EPA and Army Corps of Engineers published the Navigable Waters Protection Rule to define “Waters of the United States” in the Federal Register. The agencies are streamlining the definition so that it includes four simple categories of jurisdictional waters, provides clear exclusions for many water features that traditionally have not been regulated, and defines terms in the regulatory text that have never been defined before. 

    Under the final rule, four clear categories of waters are federally regulated:

    • The territorial seas and traditional navigable waters,

    • Perennial and intermittent tributaries to those waters,

    • Certain lakes, ponds, and impoundments, and

    • Wetlands adjacent to jurisdictional waters

    The final rule also details 12 categories of exclusions, features that are not “waters of the United States,” such as features that only contain water in direct response to rainfall (e.g., ephemeral features); groundwater; many ditches; prior converted cropland; and waste treatment systems.

    The final rule clarifies key elements related to the scope of federal Clean Water Act jurisdiction, including:

    • Providing clarity and consistency by removing the proposed separate categories for jurisdictional ditches and impoundments.

    • Refining the proposed definition of “typical year,” which provides important regional and temporal flexibility and ensures jurisdiction is being accurately determined in times that are not too wet and not too dry.

    • Defining “adjacent wetlands” as wetlands that are meaningfully connected to other jurisdictional waters, for example, by directly abutting or having regular surface water communication with jurisdictional waters.

    The final rule will become effective on June 22, 2020.

    The final rule can be found here.

  • OSHA Provides Covid-19 Guidance for the Construction Workforce. OSHA issued a construction industry-specific alert designed to keep workers safe. When working in the construction industry, the following tips can help reduce the risk of exposure to the coronavirus:

    • Encourage workers to stay home if they are sick.

    • Allow workers to wear masks over their nose and mouth to prevent them from spreading the virus.

    • Continue to use other normal control measures, including personal protective equipment (PPE), necessary to protect workers from other job hazards associated with construction activities.

    • Advise workers to avoid physical contact with others and direct employees/contractors/visitors to increase personal space to at least six feet, where possible. Where work trailers are used, all workers should maintain social distancing while inside the trailers.

    • Train workers how to properly put on, use/wear, and take off protective clothing and equipment.

    • Encourage respiratory etiquette, including covering coughs and sneezes.

    • Promote personal hygiene. If workers do not have immediate access to soap and water for handwashing, provide alcohol-based hand rubs containing at least 60 percent alcohol.

    • Use Environmental Protection Agency-approved cleaning chemicals from List N or that have label claims against the coronavirus.

    • To the extent tools or equipment must be shared, provide and instruct workers to use alcoholbased wipes to clean tools before and after use. When cleaning tools and equipment, workers should consult manufacturer recommendations for proper cleaning techniques and restrictions.

    • Keep in-person meetings (including toolbox talks and safety meetings) as short as possible, limit the number of workers in attendance, and use social distancing practices.

    • Clean and disinfect portable jobsite toilets regularly. Hand sanitizer dispensers should be filled regularly. Frequently-touched items (i.e., door pulls and toilet seats) should be disinfected.

    • Encourage workers to report any safety and health concerns.

      For more information, visit www.osha.gov/coronavirus or call 1-800-321-OSHA (6742).

      The full Guidance can be found here.

  • On April 15, 2020, the New York City Department of Buildings (NYCDOB) issued updated Guidance on enforcement of Essential vs. Nonessential construction in accordance with updated guidance from the Empire State Development Corporation issued on April 9, 2020 pursuant to NYS Governor’s Executive Order 202.6 and subsequent orders. The updated NYCDOB Guidance can be found here.

  • On April 12, 2020, Governor Cuomo issued Executive Order 202.16 continuing the temporary susension and modofication of laws relating to the disaster emergency. The Executive Order Can be found here.

  • On April 10, 2020, the US EPA issued Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19. The interim guidance to the USEPA's regional offices is meant to ensure that decisions about new or ongoing cleanup activities during the COVID-19 situation are made with the health and safety of communities, state and tribal partners, EPA staff, and contractors as the priority. A link to the Guidance can be found here.

  • On April 9, 2020, the New York State Department of Economic Development d/b/a Empire State Development (“ESD”) posted updated guidance for determining whether a business enterprise is subject to a workforce reduction under recent executive orders. With respect to business or entities that operate or provide both essential and non-essential services, supplies or support, only those lines and/or business operations that are necessary to support the essential services, supplies, or support are exempt from the workforce reduction restrictions. State and local governments, including municipalities, authorities, and school districts, are exempt from these essential business reductions, but are subject to other provisions that restrict non-essential, in-person workforce and other operations under Executive Order 202. As to construction, all non-essential construction must safely shut down, except emergency construction, (e.g. a project necessary to protect health and safety of the occupants, or to continue a project if it would be unsafe to allow to remain undone, but only to the point that it is safe to suspend work). The Guidance can be found here.

    Essential construction may proceed, to the extent that:

    • the construction is for, or your business supports, roads, bridges, transit facilities, utilities, hospitals or healthcare facilities, homeless shelters, or public or private schools;

    • the construction is for affordable housing, as defined as construction work where either (i) a minimum of 20% of the residential units are or will be deemed affordable and are or will be subject to a regulatory agreement and/or a declaration from a local, state, or federal government agency or (ii) where the project is being undertaken by, or on behalf of, a public housing authority;

    • the construction is necessary to protect the health and safety of occupants of a structure;

    • the construction is necessary to continue a project if allowing the project to remain undone would be unsafe, provided that the construction must be shut down when it is safe to do so;

    • the construction is for projects in the energy industry in accordance with Question No. 14 in the FAQ at:  https://esd.ny.gov/sites/default/files/ESD_EssentialEmployerFAQ_033120.pdf;

    • the construction is for existing (i.e. currently underway) projects of an essential business; or

    • the construction work is being completed by a single worker who is the sole employee/worker on the job site.

    At every site, it is required that the personnel working on the site maintain an appropriate social distance, including for purposes of elevators/meals/entry and exits.  Sites that cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols must close. Enforcement will be conducted by state and local governments, including fines up to $10,000 per violation.

    Construction may continue solely with respect to those employees that must be present at the business location/construction site in support of essential business activities. No other employees/personnel shall be permitted to work in-person at the business location/construction site.  Any other business activities being completed that are not essential are still subject to the restrictions provided by Executive Order 202.

  • On April 1, 2020, the New York State Department of Environmental Conservation (“DEC”) provided guidance for execution and submission of Brownfield Cleanup Program Agreements and Amendments.  In line with this DEC has advised that,

    • The DEC will grant reasonable extensions of time for the execution of Brownfields Agreements and Amendments on a case-by-case basis.  Requests for extensions should be made to the appropriate Project Manager/Project Attorney.  For pending amendments reflecting the transition from Generation 2 to Generation 3 of the program, the Department hereby grants an extension until June 1, 2020 for the submission of the executed amendment to the Department.

    • The DEC is not prepared to dispense with the notary requirement at this time, but is currently investigating alternatives. [While not part of DEC’s guidance, it should be noted that Executive Order 202.7 might also be helpful as it permits documents to be notarized utilizing audio-video technology through April 18, 2020 pursuant to certain guidelines.] 

    • The DEC will accept electronically signed agreements and amendments during the COVID-19 State of Emergency and will reassess its policy of requiring original/hard copies thereafter.  

    • The DEC has developed guidance concerning our determination of essential construction activities under Executive Order 202.6 for the Brownfield, Superfund and Spill Response programs. This has been posted at https://www.dec.ny.gov/chemical/brownfields.html

    DEC indicated that specific questions should be directed to the DEC’s Project Attorney or Project Manager for your project.

  • DEC Issues Guidance on Essential Construction in Support of Cleanup Activities - Below is the New York State Department of Environmental Conservation’s (“DEC”) guidance, issued on April 1, 2020, with regard to activities overseen by DEC’s Division of Environmental Remediation. With regard to what constitutes “essential” construction in support of remedial activities pursuant to Governor Cuomo’s Executive Order (“EO”) 202.6 signed by Gov. Cuomo on March 18. EO 202.6 was tightened to limit non-essential construction activities in EO 202.13, issued March 29. DEC considers the following activities to be essential: 

    • Remedial construction activities, including new construction starts, at sites that DEC has determined pose a significant threat to public health and/or the environment, including Class 2 sites on the Registry of Inactive Hazardous Waste Disposal Sites and significant threat sites in the Brownfield Cleanup Program,

    • Completion of remedial construction already under way at non-significant threat sites as necessary to ensure site safety and prevent exposure to site contaminants, including completion of site cover systems,

    • Operation and maintenance activities for active remedial systems that are necessary for the continued protection of human health and the environment,

    • Interim remedial measures to address imminent human exposures and/or threat of significant contaminant migration,

    • Spill response actions,

    • Investigation, including pre-design investigations, of petroleum and hazardous waste releases as determined by DEC on a case-by-case basis to be necessary to address potential human exposures and/or threat of significant contaminant migration.

      A link to DEC’s guidance can be found here. These criteria are subject to change and refinement as the response to the Covid-19 pandemic is fluid. Essential work must continue to comply with the guidance and directives for maintaining a clean and safe work environment issued by the Department of Health and every business, even if essential, must maintain social distance to the extent possible.

  • USEPA Issues COVID-19 Enforcement and Compliance Assurance Policy - On March 26, 2020, the U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance (“OECA”) issued a temporary policy, COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program (“the Policy”), regarding EPA enforcement of environmental legal obligations during the COVID-19 pandemic. The policy can be found here. According to the policy, the EPA will exercise the enforcement discretion for noncompliance covered by this temporary policy and resulting from the COVID-19 pandemic, if regulated entities take the steps applicable to their situations. The Policy applies retroactively beginning on March 13, 2020.

    What the policy does not apply to: It does not apply to violations that might give rise to criminal exposure. The Policy does not apply to imports or, more generally, to pesticide products produced, manufactured, distributed in the United States, that claim to address COVID-19 impacts. The Policy does not contemplate the exercise of enforcement discretion within the context of CERCLA or RCRA Corrective Action, which EPA intends to address separately.

    What the policy does apply to: Civil violations; Routine compliance monitoring and reporting by regulated entities; Settlement agreement and consent decree reporting obligations and milestones; Facility operations (The EPA expects all regulated entities to continue to manage and operate their facilities in a manner that is safe and that protects the public and the environment); Public water systems regulated under the Safe Drinking Water Act; Critical infrastructure; State Oversight (The EPA will continue State Review Framework reviews, and other state program oversight, as practicable, taking into consideration priority work in response to COVID-19); EPA Actions (During the pendency of the current COVID-19 exigency, the EPA expects to focus its resources largely on situations that may create an acute risk or imminent threat to public health or the environment, to ensure protection against such risks or threats); Accidental Releases; Criminal Violations ( In screening cases to determine when to seek prosecutorial assistance from DOJ, the EPA will distinguish violations that facilities know are unavoidable as a result of COVID-19 restrictions from violations that are the result of an intentional disregard for the law. EPA’s Criminal Investigative Division remains vigilant and is prepared to pursue violators who demonstrate a criminal mens rea).

  • Governor Cuomo Announces 30-Day Amendment to Accelerate Renewable Energy Projects and Drive Economic Growth as Part of Nation-Leading Climate Agenda - On February 21, 2020, Governor Andrew M. Cuomo announced he is advancing a 30-day budget amendment to dramatically speed up the permitting and construction of renewable energy projects, combat climate change and grow the state's green economy. If adopted, the Accelerated Renewable Energy Growth and Community Benefit Act will create a new Office of Renewable Energy Permitting to improve and streamline the process for environmentally responsible and cost-effective siting of large-scale renewable energy projects across New York while delivering significant benefits to local communities. Information about the proposed Act can be found here.

  • Michael Fogel and Patrick Donnelly present lecture on eminent domain and condemnation issues relating to I-81 Viaduct Project - On December 4, 2019, Michael Fogel and Patrick Donnelly presented a lecture on eminent domain and condemntation issues at a program held by the Onondaga County Bar Association, entitled “Eminent Domain and I-81: What does this road ahead look like?”  The topics discussed included the procedures set forth in the New York State Eminent Domain Procedure Law for taking of private property and the valuation of those takings to ensure that “just compensation” is provided to property owners.  The discussion was in connection with New York State Department of Transportation’s “Interstate 81 Viaduct Project”.  It is anticipated that numerous private properties could be taken by NYSDOT through eminent domain as part of the project. 

  • Michael Fogel moderates Environmental Forum at the New York Construction Materials Association Annual Fall Meeting - On November 21, 2019, Michael Fogel moderated the Environmental Form at the New York Constructional Materials Association Annual Fall Meeting held in Saratoga, New York. The Environmental Forum included discussion of environmental issues facing the construction materials industry by representatives of the New York State Department of Environmental Conservation, including compliance with the Diesel Emission Reduction Act, proposed revisions to New York environmental regulations governing asphalt plants, and regulations (Part 360) governing solid waste facilities.

  • Brown Duke & Fogel, P.C. sponsors the New York Construction Materials Association Annual Fall Meeting - Brown Duke & Fogel, P.C. was proud to serve as a Platinum Sponsor of the New York Construction Materials Association (“NYMaterials”) Annual Fall Meeting held from November 20-22, 2019 at The Saratoga Hilton in Saratoga, New York. NYMaterials is a trade association representing the business and regulatory interests of the construction aggregate, hot-mix asphalt and ready-mix concrete industries.

  • George Duke presents at the LIAPG & NYSCPG Joint Event: 1 ESSENTIAL DAY: REGULATORY UPDATES, BROWNFIELDS, EMERGING CONTAMINANTS & REMEDIAL TECHNOLOGIES - On November 21, 2019, George Duke presented a lecture entitled The Current State of Brownfields in New York – Opportunities & Benefits to professional geologists, NYSDEC staff, and environmental professionals at a joint meeting of the Long Island Association of Professional Geologists (LIAPG) and New York State Council of Professional Geologists (NYSCPG). The lecture reviewed the history and overview of the brownfield program in New York, presented practice pointers, and highlighted possible tax incentives and liability protections available to those who successfully navigate the program. Other presenters included senior members from the New York State Department of Environmental Conservation and the United States Geological Survey. Information about the event can be found here.

  • Greg Brown Chairs panel discussion on solar, on and offshore wind, and energy storage projects at the the New York State Bar Association’s Environmental & Energy Law Section Fall Meeting - On Monday, September 23, 2019, Greg Brown will lead a discussion among some of the industry leaders to discuss how different technologies work separately and together, as well as the current state of play and possible future developments in the siting, permitting and financing of solar, wind and energy storage projects. To learn more about and register for this event, click here.

  • Brown Duke & Fogel, P.C. hosts NYC Brownfield Partnership Redevelopment Roundtable - On September 17, 2019, members of the NYC Brownfield Partnership held a rountable discussion of experts about current and emerging New York City, New York State, Federal and industry issues, trends and hot topics relevant to site revitalization, remediation and redevelopment in NYC. Topics included, emerging contaminants and the evolving New York State guidance regarding same, important issues rearding eligibility under the New York State Brownfield Cleanup Program, updates to the solid waste regulations and proposed legislation that may impact the New York State Brownfield Cleanup Program. Information on the program may be found at https://nycbrownfieldpartnership.org/calendar/

  • Michael Fogel re-elected to the NSSGA Young Leaders’ Steering Committee - Michael Fogel was re-elected to the National Stone Sand & Gravel Association (NSSGA) Young Leaders’ Steering Committee. The NSSGA Young Leaders provides a forum for young industry members, up to 40 years of age, to network, exchange ideas, discuss subjects of mutual interest and seek ways to promote the benefits of long-term growth of the industry through education, research and legislative activities.

  • George Duke presents on the Brownfields Utilization, Investment and Local Development Act of 2018 (BUILD Act) - On July 25, 2019, George Duke will be presenting a CLE webinar on strategies for developers redeveloping contaminated properties after the Brownfields Utilization, Investment and Local Development Act of 2018 (BUILD Act), which expands and refocuses existing federal programs and creates new incentives. The CLE panel will discuss legal impediments to development, how the Build Act amended CERCLA to exempt most acquisitions of contaminated property by units of local government, the new protections for lessees from federal environmental liability, the changes to how federal brownfield grants work, and the mechanics of obtaining additional funding for authorized recipients and projects. Information about the webinar can be found here.

  • Brown Duke & Fogel, P.C. is proud to host the NYC Brownfield Partnership Redevelopment Roundtable - On Tuesday, June 18, 2019, members of the NYC Brownfield Partnership will be holding a rountable discussion of experts about current and emerging New York City, New York State, Federal and industry issues, trends and hot topics relevant to site revitalization, remediation and redevelopment in NYC. Topics will include, emerging contaminants and the evolving New York State guidance regarding same, important issues rearding eligibility under the New York State Brownfield Cleanup Program, recent trends in environmental insurance policies and products for lenders, updates to the solid waste regulations and proposed legislation that may impact the New York State Brownfield Cleanup Program. Information on registering for the program may be found at https://nycbrownfieldpartnership.org/calendar/

  • Brown Duke & Fogel, P.C. sponsors the New York Construction Materials Association Annual Spring Meeting - Brown Duke & Fogel, P.C. was proud to serve as a Platinum sponser of this year’s New York Construction Materials Association (“NYMaterials”) Annual Spring Meeting held from May 15-17, 2019 at the Turning Stone Casino in Verona, New York. NYMaterials is a trade association representing the business and regulatory interests of the construction aggregate, hot-mix asphalt and ready-mix concrete industries.

  • Brown Duke & Fogel, P.C. congratulates the 2019 New York City Big Apple Brownfield Award recipients - Brown Duke & Fogel, P.C., was a proud sponsor of the New York City Brownfield Partnership Big Apple Brownfield awards event held on May 14, 2019 at Baruch College in New York City. The event recognized innovators and leaders in the brownfield industry as well as innovative and successful brownfield redevelopment projects within New York City. This year's honorees included Dan Walsh, PhD, for his distinguished service in the advancement of brownfield redevelopment initiatives. The event also hosted senior officials from NYSDEC Region 2, who provided a New York State regulatory update, and Mark McIntyre, the Director of the New York City Office of Environmental Remediation (OER), who provided a New York City OER update.

  • Michael Fogel and Patrick Donnelly present continuing legal education course on land use and zoning - On May 1, 2019, Michael Fogel and Patrick Donnelly presented at the National Business Institute’s CLE seminar entitled “Land Use and Zoning From Start to Finish”.  The topics discussed included land use and zoning fundamentals, the zoning approval process, vested rights, nonconforming use law, special use permits and a case law update. 

  • EPA Unveils its PFAS Action Plan - On February 14, Acting USEPA Administrator Andrew Wheeler announced the EPA’s new action plan to respond to Per- and Polyfluoroalkyl Substances (PFAS). The EPA’s new action plan identifies priority actions and contains both short- and long-term solutions to the PFAS problems.  The priority actions include:

    • Proposing a national drinking water Maximum Contaminant Level for PFOA and PFOS under the Safe Drinking Water Act by the end of 2019;

    • Initiating the regulatory development process for listing PFOA and PFOS as CERCLA hazardous substances;

    • Developing interim cleanup recommendations to address groundwater contaminated with PFOA and PFOS;

    • Finalizing draft toxicity assessments for two PFAS compounds and GenX chemicals in 2019 and developing additional toxicity values for five other PFAS chemicals;

    • Reviewing new PFAS and issue supplemental proposed Significant New Use Rules.

    The short-term actions are divided into three different categories: understanding and addressing PFAS toxicity and occurrence; identifying and addressing exposure; and risk communication and engagement. Understanding involves creating a clearinghouse of chemical information for PFAS chemicals and developing testing methods while coordinating these efforts in concert with other federal agencies. Identifying and addressing exposure involves generating more publicly available date concerning PFAS contamination and developing an appropriate enforcement strategy. Risk communication and engagement is the coordinated effort with state, tribes, and local communities to develop and communication tools to convey clear and consistent messages regarding PFAS to the public.

    The long-term actions involve examining existing and collecting additional data as to the nature of the toxicity of PFAS chemicals and where they originate from, the development of additional datasets and learning tools to inform a more complete understanding of PFAS technology, and the use of data collected to develop additional PFAS regulatory standards as they pertain to industry, drinking water and ambient water standards. More information about the Action Plan can be found here.

  • George Duke presented the Brownfield and Superfund case law Update at the Brownfield/Superfund Update CLE at the New York State Bar Association in Albany, New York on December 5, 2018 - The New York State Bar Association presented its Brownfield/Superfund Update 2018 at the New York State Bar Association on December 5, 2018. Topics include a review of proposed changes to Part 375 regulations and NYSDEC remedial guidance; best practices for selling/transferring BCP sites and claiming tax credits; case law update; and a review of EPA Superfund task force recommendations and status of guidance/policy revisions. Presenters included legal practitioners, Julie Tighe, the President of the New York League of Conservation Voters, Senior Officials from the USEPA and the New York State Department of Environmental Conservation, and environmental consultants. Information on the course can be found here.   

  • Rosemary Stack, Esq., joins Brown Duke & Fogel, P.C. - Brown Duke & Fogel, P.C. is pleased to announce that mining and environmental attorney Rosemary Stack has joined the firm as Of Counsel.  Ms. Stack enhances the firm’s noteworthy mining and environmental law practice and capabilities. 

For over thirty years, Ms. Stack’s practice has focused on representing the interests of the construction materials industry.  Over that time, Ms. Stack has become one of the most knowledgeable and experienced mining attorneys in New York State.  Ms. Stack’s experience with the mining industry entails overseeing the permitting and environmental review process before governmental agencies, including the New York State Department of Environmental Conservation and local municipalities.  Ms. Stack handles all permitting and litigation that may result from obtaining mining permits, land use and zoning approvals and other environmental and land use permits, including representing clients at administrative hearings and appearances before local boards and in court proceedings.  Ms. Stack advises clients on issues relating to compliance with environmental laws and regulations including the State Environmental Quality Review Act (SEQRA) and the Mined Land Reclamation Law (MLRL).  Ms. Stack has successfully permitted asphalt plants, ready mix concrete plants, quarries and sand and gravel operations.  In addition, Ms. Stack has also successfully obtained zoning approvals spanning a multitude of land uses – from individual homeowner variances and special use permits for small business to all zoning permits and approvals needed for a multi-use industrial facility. 

Ms. Stack graduated summa cum laude from Albany Law School. 

Brown Duke & Fogel, P.C. is a law firm with offices in Syracuse, New York City and Monticello dedicated to providing focused and practical legal advice to clients in the areas of environmental law, land use, zoning and development, mining, energy, real property tax certiorari, eminent domain and litigation.

  • George Duke and Michael Fogel to present seminar on Environmental Liabilities in Real Estate Transactions - On November 30, 2018, Michael Fogel and George Duke will be presenting a legal training seminar through Lorman Education Services on the topic of Environmental Liabilities in Real Estate Transactions.  The seminar will provide guidance on how to conduct the appropriate due diligence and structure real estate transactions from both the seller’s and buyer’s perspectives to best manage environmental contamination and liabilities. Practitioners will also learn when and how to conduct environmental due diligence and then how best to structure agreements to allocate liability for environmental contamination, including the use of representations and warranties, indemnification and hold harmless provisions, escrow agreements and releases. Recent case law developments addressing real property environmental liabilities and the shifting of liabilities between purchasers and sellers will also be discussed. Information about the seminar can be found here.   

  • Greg Brown to lead discussion on Polyfluoroalkyl Substances (PFAS) and other emerging contaminants - On Thursday, September 13, 2018, Greg Brown will lead a discussion among some of the industry leaders to discuss issues related to Polyfluoroalkyl Substances (PFAS) and other emerging contaminants that are ubiquitous in industrial and consumer products. A panel of leading experts will discuss emerging contaminants, discussing regulatory developments, state and NGO efforts on the topic, and addressing liabilities associated with these contaminants in the litigation and transactional context. To learn more about and register for this event, click here.

  • Update! How to lower your property taxes in New York State – Deadlines for challenging your property tax assessment and filing for tax exemption are fast approaching. If your assessed value is higher than the actual value of your property, you should consider challenging your tax assessment. In municipalities where the equalization rate or level of assessment is less than 100%, look at the full market value, which should be on your tax bill, and compare it to your actual value. Also, you may be missing out on tax exemptions. The Real Property Tax Law (RPTL) provides a number of exemptions. To learn more about deadlines and options for reducing your property taxes, click here.

  • Brown Duke & Fogel, P.C. congratulates the 2018 New York City Big Apple Brownfield Award recipients - Once again, Brown Duke & Fogel, P.C., was a proud sponsor of the New York City Brownfield Partnership Big Apple Brownfield awards event held on May 1, 2018 at New York Law School. The event recognized innovators and leaders in the brownfield industry as well as innovative and successful brownfield redevelopment projects within New York City. This year's honorees included Schenine Mitchell, Brownfields Project Manager at the USEPA Region 2, for her distinguished service in the advancement of brownfield redevelopment initiatives. The event also hosted Jane O'Connell, Chief, Superfund and Brownfield Cleanup, NYSDEC Region 2, who provided a New York State regulatory update, and Daniel Walsh, PhD, the Director of the New York City Office of Environmental Remediation (OER), who provided a New York City OER update.

  • New Regulations for Dry Cleaners - NYSDEC has adopted major changes to regulations for the dry cleaning industry.  The changes repeal and replace 6 NYCRR Part 232 (“Perchloroethylene Dry Cleaning Facilities”) with a revised and retitled Part 232 (“Dry Cleaning Facilities”). The changes may apply to any entity that operates alternate solvent or perc dry cleaning machines.  Alternative solvents were previously regulated by 6 NYCRR Part 212. 

    These new state regulations incorporate federal regulation 40 CFR Part 63 to bring state regulations in line with federal requirements.  The modifications include incorporating the federal ban on installation of perc dry cleaning machines in residential buildings after December 21, 2005 and removal of all perc dry cleaning machines from residential buildings by December 21, 2020.

    The regulations include, among other things, new restrictions on equipment and contain time limits and variance procedures for phasing out equipment. Third generation machines will be phased-out by December 31, 2021.  All alternative solvent transfer machines will be phased-out by December 31, 2031.  Manufacturers are required to submit a Certification of Model Compliance within 180 days after the effective date of the regulations. The regulations attempt to clarify permitting and posting notice requirements and add posting requirements for alternative solvents.

    Contact Brown Duke & Fogel, P.C. if you have questions about how the new regulations affect you.

  • Proposed New York State Brownfield Tax Credit Deferral Abandoned - As many in the Brownfield redevelopment industry were aware, the Governor proposed a tax credit deferral in his 2018-2019 budget whereby certain business tax credits, including those under the New York State Brownfield Cleanup Program, would be deferred for three years for those claiming more than a combined $2 million in business tax credits for tax years 2018, 2019, and 2020.   

    Fortunately for the Brownfield redevelopment community, this month the New York State legislature’s fiscal year 2019 budget (effective April 1, 2018) did not include the Governor’s proposed tax credit deferral.  This is great news for Brownfield redevelopment in New York State as it preserves a program that is responsible for the redevelopment and beneficial reuse of contaminated properties throughout New York. 

  • Michael Fogel presents at the 2018 E-Week Seminar Series - On February 23, 2018, Michael Fogel presented on the topic of the “New York State Brownfield Cleanup Program” at the Erie-Niagara Chapter of The New York State Society of Professional Engineers E-Week Seminar Series.

  • Resorts World Catskills Announces Opening - Brown Duke & Fogel, P.C. congratulates Resorts World Catskills on the official opening of its new casino resort! The Company announced that Resorts World Catskills will officially open on Thursday, February 8th at 8 a.m., when the public will have the first opportunity to experience the new casino resort. Resorts World Catskills, New York State’s largest integrated commercial casino resort will contain 100,000 square feet of Las Vegas style gaming, including more than 150 table games and 2,150 slot machines, 10 varied culinary and nightlife options, a 2,500-seat event center and a 332-room all-suite hotel designed to meet 5-star and 5-diamond standards. Brown Duke & Fogel, P.C. attorneys George Duke, Michael Fogel and Kevin Brown are proud members of its development team, serving as as its land use and environmental counsel.

  • Gregory M. Brown, Esq., joins Brown Duke & Fogel, P.C. as Shareholder - Gregory M. Brown has joined the firm as a shareholder in its Syracuse office.  Mr. Brown enhances the firm’s energy and environmental law capabilities. Mr. Brown’s practice is focused on energy and environmental law, particularly in matters relating to permitting and compliance, air pollution, facility siting, enforcement, waste regulation and cleanup, and the environmental aspects of business transactions, including insurance and environmental due diligence. Mr. Brown has acted as lead transactional counsel and regulatory counsel on transactions for the acquisition of generating assets.  Mr. Brown has represented Fortune 500 companies in the energy and financial sectors in environmental compliance matters and is a member of the Energy Bar Association’s Environmental Committee. 

    Mr. Brown has over twenty years of experience as a partner at Brown & Palumbo, PLLC and prior associations with Gilberti, Stinziano, Heintz & Smith, P.C. and Weil, Gotshal & Manges, LLP.

    Mr. Brown graduated cum laude from Cornell Law School and obtained his master’s degree in economics from the State University of New York at Binghamton. 

  • Michael Fogel and George Duke to present SEQRA Seminar - On January 19, 2018, Michael Fogel and George Duke presented a legal and environmental training seminar through Lorman Education Services on the topic of Current Issues in the State Environmental Quality Review Act (“SEQRA”). Topics include: (1) an overview of the SEQRA process; (2) the use of Generic Environmental Impact Statements in project development; (3) recent decisions in SEQRA litigation; and (4) proposed amendments to the SEQRA regulations. Information about the seminar can be found here.

  • Michael Fogel elected to the New York Construction Materials Association Board of Directors - Brown Duke & Fogel, P.C. shareholder Michael Fogel was elected to the New York Construction Materials Association (“NYMaterials”) Board of Directors at its Annual Meeting held November 14-16, 2017 in Saratoga Springs, New York. NYMaterials is a trade association representing the business and regulatory interests of the construction aggregate, hot-mix asphalt and ready-mix concrete industries.

  • George Duke presents Continuing Education Course on New York State Brownfields to Environmental Insurance Professionals - On November 15, 2017, Brown Duke & Fogel, P.C. shareholder George Duke presented a Continuing Education seminar to environmental insurance professionals entitled Understanding the New York State Brownfield Cleanup Program. The seminar reviewed the history of the brownfield program in New York, provided an overview of the program, and highlighted possible tax incentives and liability protections available to those who successfully navigate the program. The program was offered to insurance professionals in conjunction with the Great American Insurance Group's Environmental Division in midtown New York City.

  • George Duke named to the Board of Directors of the New York City Brownfield Partnership - In October 2017, Brown Duke & Fogel, P.C. shareholder George Duke was named to the Board of Directors of the New York City Brownfield Partnership. The New York City Brownfield Partnership is a non-profit organization whose mission is to provide leadership to the brownfield community throughout New York City by 1) Serving as a primary resource for information on brownfields and brownfields redevelopment in New York City, 2) Advancing public awareness and understanding of benefits, opportunities, and best practices of brownfield redevelopment, 3) Promoting excellence in brownfield redevelopment by honoring successful brownfield projects, 4) Supporting the education and training of brownfield professionals, workers, and students, and 5) Fostering collaborative relationships among brownfield developers, property owners, government agencies, and community groups. Information about the New York City Brownfield Partnership can be found here.

  • How to lower your property taxes in New York State – Deadlines for challenging your property tax assessment and filing for tax exemption are fast approaching. If your assessed value is higher than the actual value of your property, you should consider challenging your tax assessment. In municipalities where the equalization rate or level of assessment is less than 100%, look at the full market value, which should be on your tax bill, and compare it to your actual value. Also, you may be missing out on tax exemptions. The Real Property Tax Law (RPTL) provides a number of exemptions. To learn more about deadlines and options for reducing your property taxes, click here.

  • Patrick D. Donnelly, Esq., joins Brown Duke & Fogel, P.C. as Of Counsel - Brown Duke & Fogel is pleased to announce that Patrick D. Donnelly, Esq. has joined the Firm as Of Counsel. Mr. Donnelly has extensive experience in practice areas such as complex civil litigation, appellate practice, property tax certiorari, environmental law, zoning and land use law, municipal law, construction law, landlord-tenant, leasing and real estate law. Mr. Donnelly was an editor on the Pace Environmental Law Review and has won awards for his legal writing. Mr. Donnelly’s experience and legal skills enhance the Firm’s capabilities responsiveness. He may be reached at our Syracuse office at 315-399-4343.

  • Brownfields in New York - On September 29, 2017, George Duke and Michael Fogel presented a legal and environmental training seminar for Continuing Legal Education credits on Brownfields in New York. The New York State Brownfield Cleanup Program (BCP) fosters the remediation of contaminated properties and promotes much-needed redevelopment of blighted communities. The BCP has evolved into a useful tool to assist developers in creating productive urban and suburban spaces that create both environmental and financial benefits for developers and communities alike. A recording of the webinar is available here.

  • Michael Fogel appointed as Co-Chair of Onondaga County Bar Association Environmental and Land Use Section - Michael Fogel was recently appointed to serve as Co-Chair of the Onondaga County Bar Association Environmental and Land Use Section. The Section will meet regularly to discuss existing and emerging issues in environmental, land use and zoning law and will also present relevant continuing legal education programs.

  • The 'twist', BCP Generations and Certificate of Completion (CoC) Issuance Dates - The New York State Department of Environmental Conservation (NYSDEC) recently issued a Program Update clarifying the key dates that apply to milestones within each of the three generations of the Brownfield Cleanup Program (BCP). The update also identified a 'twist' for sites in the second generation (Generation 2) of the BCP. Generation 2 sites have a mandatory completion date of December 31, 2019. However, it was brought to the attention of NYSDEC that there is a subset of Generation 2 sites that are not subject to the 2019 completion date. Specifically, Generation 2 sites that have a BCA that was signed by the Department on or after July 1, 2015, are not subject to the 2019 mandatory completion date. These sites, as well as all Generation 3 sites, are subject to a program-wide March 31, 2026 completion date. The NYSDEC Program Update summarizing this 'twist' as well as the affected Generation 2 sites can be found here.

  • Amendment to Standards and Practices for All Appropriate Inquiries Under CERCLA - The USEPA recently announced that it is taking direct and final action to amend the Standards and Practices for All Appropriate Inquiries ("AAI") to update an existing reference to a standard practice recently revised by ASTM International pertaining to forestland or rural property. The change allows the rural standard to be used to comply with AAI. The Federal Register Notice can be seen here.

  • Ethics in Environmental Law - On June 30, 2017, George Duke and Michael Fogel presented a legal and environmental training seminar for Continuing Legal Education credits on attorney ethics in environmental law. Presented to a multi-jurisdictional nationwide audience, topics included communications with governmental agencies and the "No Contact" rule, environmental audits, environmental disclosures under the Sarbanes-Oxley Act, the Attorney-Client Privilege, the Work Product Doctrine, the Self-Critical Analysis Privilege, and confidentiality issues relating to consultants and environmental experts. The presentation can be found here.

  • NYSDEC Program Policy - DER-32: Brownfield Cleanup Program Applications and Agreements (PDF) has been revised and the comment period for the proposed document ended on Friday, May 19, 2017. See DEC's Brownfield Cleanup Program (BCP) for the latest BCP Application form (with instructions) and the standard Brownfield Cleanup Agreement. Links to these documents are also available in proposed DER-32. The original version of this policy, which was issued on June 22, 2010, has been revised to address changes associated with the newest version of New York State's Brownfield law, which became effective July 2015. The revised DER-32 was issued on July 28, 2017 and becomes effective September 8, 2017. See the final policy here.

  • Brown Duke & Fogel, P.C. congratulates this year's New York City Big Apple Brownfield awards recipients - Brown Duke & Fogel, P.C., was a proud sponsor of this year's New York City Brownfield Partnership Big Apple Brownfield awards event held at New York Law School to recognize innovators and leaders in the brownfield industry as well as innovative and successful brownfield redevelopment projects within New York City. This year's honorees included New York City Office of Environmental Remediation (OER) General Counsel Mark McIntyre for his years serving as the founding general counsel to OER. In his award acceptance he provided an interesting history of OER and the lengths he and his staff, under the leadership of OER Director Dan Walsh, went to to establish NYC's Voluntary Cleanup Program and several other significant initiatives.

  • Lawsuit challenging approvals for development in the Village of Cazenovia dismissed - Brown Duke & Fogel, P.C., successfully represented a developer against an Article 78 proceeding and Declaratory Judgment action brought by project opponents seeking to overturn site plan, special use permit and subdivision approvals for a mixed-use development in the Village of Cazenovia.  After a hearing, Supreme Court, Madison County, dismissed the project opponents’ claims.  BDF partner Michael Fogel was lead counsel. 

  • George Duke presents New York State Brownfield Update - George Duke spoke at the March 8, 2017 meeting of the American Council of Engineering Companies of New York. In addition to providing some practice pointers, Mr. Duke presented an overview of the New York State Brownfield Cleanup Program as well as recent regulatory updates and their implications on future projects in New York.

  • Michael Fogel elected to the NSSGA Young Leaders’ Steering Committee - Michael Fogel was elected to the National Stone Sand & Gravel Association (NSSGA) Young Leaders’ Steering Committee. The NSSGA Young Leaders provides a forum for young industry members, up to 40 years of age, to network, exchange ideas, discuss subjects of mutual interest and seek ways to promote the benefits of long-term growth of the industry through education, research and legislative activities.

  • Wetlands Permits Secured for Solar Array - Brown Duke & Fogel, P.C., successfully represented one of New York State's largest solar energy developers in securing wetlands permits from the Army Corps of Engineers and the New York State Department of Environmental Conservation necessary for the development of a ground mounted 2MW solar array. The solar array consists of approximately 6,138 photovoltaic panels across 6.5 acres.

  • George Duke speaks at Symposium on Land Cleanup and Revitalization - George Duke recently spoke at the Symposium on Land Cleanup and Revitalization in New York City hosted and organized by the New York City Office of Environmental Remediation (OER). The Symposium highlighted financial and administrative tools and resources currently available to developers of affordable housing projects on contaminated or environmentally impaired sites within NYC. Mr. Duke spoke about his involvement with OER's Jumpstart Grant program that offers up to $250,000 in grant funding to assist developers in getting contaminated sites into and through the New York State Brownfield Cleanup Program. Panelists at the Symposium also provided insight into OER's Community Grants for community development project planning and design, USEPA Grants for affordable housing developments on contaminated sites, and OER Brownfield Incentive Grants for site cleanups under NYC's Voluntary Cleanup Program.

  • Development Approvals Obtained from Town of Dewitt - Brown Duke & Fogel, P.C., was successful in representing its client before the Town of Dewitt Planning Board and Zoning Board of Appeals in connection with applications for site plan approval and variances necessary for development of a restaurant, retail and manufacturing establishment located in the Town of Dewitt, New York.

  • Michael Fogel honored as a Central New York 40 under FORTY Award Winner - Michael Fogel was selected by the Central New York Business Journal as a 40 under FORTY Award Winner. The annual 40 under FORTY Awards honors young leaders under the age of 40 who excel in the workplace, volunteer, and give back to the CNY community.

  • IDA Transaction Closed - In December 2016, Brown Duke & Fogel, P.C. successfully represented its client in a transaction with the Sullivan County Industrial Development Agency. The representation included securing sales and use tax and mortgage recording tax exemptions as well as negotiating a Payment-In-Lieu-of-Tax (PILOT) agreement for the proposed Rees Jones redesigned “Monster” Golf Course which will be part of the Montreign Casino Resort complex at Adelaar in the Catskills.

  • Lawsuit Challenging County E911 System Dismissed - Brown Duke & Fogel, P.C., successfully defended Niagara County against a lawsuit by neighboring residents seeking money damages and to halt on-going construction of a telecommunications tower that was part of cellular tower network necessary to facilitate county-wide emergency communications for first responders. After an evidentiary hearing, the Supreme Court, Niagara County, denied Plaintiffs’ motion for preliminary injunction and dismissed Plaintiffs’ claims. BSDF partner Michael Fogel was lead counsel.

  • George Duke named as Advisory Board Member - George Duke was named as an Advisory Board Member of the New York City Brownfield Partnership. The New York City Brownfield Partnership is a non-profit organization whose mission is to provide leadership to the brownfield community throughout New York City by 1) Serving as a primary resource for information on brownfields and brownfields redevelopment in New York City, 2) Advancing public awareness and understanding of benefits, opportunities, and best practices of brownfield redevelopment, 3) Promoting excellence in brownfield redevelopment by honoring successful brownfield projects, 4) Supporting the education and training of brownfield professionals, workers, and students, and 5) Fostering collaborative relationships among brownfield developers, property owners, government agencies, and community groups. Information about the New York City Brownfield Partnership can be found here.

  • Michael Fogel named a Rising Star by Super Lawyers - Michael Fogel was selected as a Rising Star by Super Lawyers in the field of Environmental Law for the third consecutive year. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

  • Gaming Facility License Awarded - The New York State Gaming Commission recently awarded a Gaming Facility License to Montreign Operating Company, LLC, a separate wholly owned subsidiary of Empire Resorts, Inc., conditioned upon, among other things, the completion of the development programs comprising and supporting the Gaming Facility. Brown Duke & Fogel, P.C. is proud to be serving as land use and environmental counsel to Empire and its subsidiaries prior to and throughout the application process for a Gaming Facility License as well as throughout the construction of the Gaming Facility. The proposed Gaming Facility at Adelaar and its supporting components are anticipated to include, among other things, the Montreign Resort Casino, a Rees Jones redesigned “Monster” Golf Course and an Entertainment Village Hotel, which will include retail, restaurant, shopping and entertainment. Brown Duke & Fogel, P.C. continues to serve as counsel to Empire to obtain necessary approvals for the construction of additional components of the Gaming Facility at Adelaar.

  • George Duke named co-Chair of Pro Bono Committee - George Duke was named as the Co-Chair of the Pro Bono Committee of the New York City Brownfield Partnership. The New York City Brownfield Partnership offers pro-bono counseling on a limited basis to community residents and groups that require assistance in reviewing and understanding cleanup plans and related brownfield development issues. For more information on the Pro-bono Counseling Program, please e-mail your request for services to info@nycbrownfieldpartnership.org.

  • Michael Fogel presents “Environmental 101” Seminar - Michael Fogel presented an Environmental 101 seminar at the New York State Construction Materials Association (“NYMaterials”) Spring Meeting. Mr. Fogel’s presentation focused on the environmental laws and regulations applicable to the construction aggregates industry.