NYS Revamps Superfund Program: What It Means for Communities and Property Owners

In a significant move to bolster environmental protection and public health, New York State has enacted major amendments to its Superfund Program. These changes, part of the 2025 Executive Budget, aim to enhance the cleanup of hazardous waste sites, align state regulations more closely with federal standards, and prioritize environmental justice.

Strengthening Enforcement and Liability Standards

The revised Superfund Program expands the definition of "responsible parties" to include a broader range of entities, such as current and former site owners, operators, and waste transporters. This expansion ensures that more parties can be held accountable for contamination. Additionally, the New York State Department of Environmental Conservation (NYSDEC) now has enhanced authority to issue summary abatement orders in cases of imminent danger to public health or the environment, streamlining the process for initiating cleanups.

Aligning with Federal CERCLA Standards

A notable aspect of the amendments is the alignment with the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The state has codified the "bona fide prospective purchaser" (BFPP) defense, providing liability protection to parties who acquire contaminated properties after conducting appropriate due diligence. This change encourages the redevelopment of brownfield sites by reducing legal uncertainties for new owners.

Prioritizing Environmental Justice

The updated program places a strong emphasis on environmental justice by prioritizing the cleanup of hazardous sites in disadvantaged communities that have historically borne a disproportionate burden of pollution. This focus aims to address long-standing inequities and improve health outcomes in vulnerable populations.

Increased Funding for Cleanup Efforts

To support these initiatives, the state has allocated an additional $1.25 billion over the next decade to the Superfund Program. This funding boost will facilitate the remediation of contaminated sites, particularly in communities most affected by environmental hazards.

How an Environmental Attorney Can Assist

Navigating the complexities of the revised Superfund Program can be challenging for property owners, developers, and municipalities. An experienced environmental attorney can provide guidance on compliance with new regulations, assist in conducting due diligence for property transactions, and represent clients in enforcement actions or negotiations with regulatory agencies. Engaging legal counsel early can help mitigate risks and facilitate the successful redevelopment of contaminated properties.

If you have questions about the New York State Superfund Program, environmental due diligence, or any other environmental law matter, please contact Jacob H. Zoghlin at 585-258-2834 or jzoghlin@underbergkessler.com or Mindy L. Zoghlin at 585-258-2871 or mzoghlin@underbergkessler.com.