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New York State's Brownfields Programs: More And Less Than Meets The Eye, Michael B. Gerrard
New York State's Brownfields Programs: More And Less Than Meets The Eye, Michael B. Gerrard
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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 …
Emerging Statutory And Constitutional Tools For States To Resist Federal Environmental Regulation, Michael B. Gerrard
Emerging Statutory And Constitutional Tools For States To Resist Federal Environmental Regulation, Michael B. Gerrard
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This is a time of high tensions between the federal government and the states over environmental regulation. The flashpoints include actions by the U.S. Environmental Protection Agency (EPA) against states that enact laws shielding environmental audit reports from discovery; the withdrawal of several states from certain regulatory reform programs and delegated programs; and EPA accusations that some states are ignoring many violations of the pollution control laws, and loud denials by state representatives.
The Supremacy Clause of the U.S. Constitution and the complex of federal environmental statutes enacted in the 1970s and 1980s still give Washington the upper hand in …