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On Oct. 15, 2025, New York State Department of Environmental Conservation (DEC) released several changes to its environmental remediation program. As part of these changes, DEC has rebranded its work in the remediation and materials management space as “Sustainable Development,” reflecting a broader focus on integrating sustainability principles throughout its policies governing site remediation.

1) Brownfield Cleanup Program Application Form Update

        In 2022, New York State amended its Brownfield Cleanup Program (BCP) law to extend and expand the program, including adding a $50,000 non-refundable application fee to enter into a cleanup agreement. The DEC recently updated its application form and associated instructions, specifically Section II related to project description, and has stated that applications received after Dec. 1, 2025, using the previous application will be rejected. 

        2) Proposal to Update DER-31 / Green and Sustainable Remediation (GSR) Policy

        DEC is proposing to update its Green and Sustainable Remediation Policy to reflect changes to New York State environmental laws enacted since its adoption in 2011, particularly the Climate Leadership and Community Protection Act (CLCPA). The policy applies to “all remedial decisions in the Spill Response Program, Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program), Environmental Restoration Program, Brownfield Cleanup Program, and the Resource Conservation and Recovery Act (RCRA) Corrective Action Program.”[1] As with most DEC policies, the policy itself states that it is not intended to create substantive or procedural rights that could be enforced against DEC in administrative or civil proceedings. Nevertheless, this policy may result in a substantial change in how DEC processes and approves remedial program submissions.

        Most notably, DEC includes the following in its purpose and background section, which would guide the agency’s approach to remedial decisions.

        “When a cleanup action can be undertaken that results in fewer GHG emissions and conforms with GSR principles while providing the same or more public health and environmental protection, DER will select or require such actions by remedial parties. This policy requires tracking and reporting of GSR metrics in each step of the remedial process except for site management that demonstrably uses minimal energy or resources. The policy requires a BMP assessment at each step of the remedial process, and a footprint analysis unless the cleanup action is subject to the exceptions detailed in Section V.”

        The changes outlined in this policy would elevate compliance to the same standards for groundwater or surface water. While the policy establishes a rigorous framework, it also identifies specific exceptions to the general procedures. For instance, additional analysis would not be required for emergency spill response, cleanups that are limited in scope, sites demonstrably using minimal energy, or DEC regulated sites that are being reused or redeveloped to generate renewable energy, and no further remediation of the site is required. The policy also includes examples of cleanups that may be considered inconsistent with or may interfere with the attainment of the statewide GHG emission limits, thereby requiring additional justification and/or measures to mitigate GHG emissions.

        According to the policy, GSR should be implemented throughout site cleanup to the extent practical to reduce the overall environmental footprint of site cleanup. The policy also sets a specific procedure for evaluation of GSR in Part 375 remedy selection balancing criteria, and notes in the cost effectiveness criteria that while GSR methods may have higher capital costs, the cost would be offset by the benefits, such as cost reductions in later phases of project development. These new considerations for remedy selection have the potential to increase project costs.

        Remedial decisions not in accordance with CLCPA would require justification and mitigation measures. Additionally, where an action is likely to affect a disadvantaged community, a disproportionate burden analysis may be required in accordance with DEC policy and guidance.

        Renewable Energy Projects on DEC Regulated Sites

        Lastly, the policy includes guidance and requirements for the installation and operation of renewable energy projects on DEC regulated remediation sites. Specifically, such projects would be required to comply with DEC’s Model Order or agreement, Technical Guidance for the Development of Renewable Energy Projects on DEC regulated sites, and the pre-notification readiness form, which are all attached to the draft policy. DEC’s Model Order, as proposed, would resolve the Respondent’s (developer) liability to the State, with the intent to incentivize renewable projects on DEC regulated remediation sites.

        This policy is open for public comment period until Dec. 2, 2025.

        These updates signal a shift in the state’s approach to environmental remediation, one that seeks to align regulatory compliance, climate policy, and sustainable development. By updating the BCP application process and proposing substantial revisions to DER-31, DEC is emphasizing not only the technical and environmental rigor of site cleanups, but also the integration of emission reduction and climate resiliency into every stage of remediation, evincing its commitment to harmonizing cleanup standards with broader statewide climate goals favoring GHG reduction and promoting non-GHG energy production.

        [1] Proposed DER-31.

        Photo of Steven C. Russo Steven C. Russo

        Steven C. Russo chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, environmental permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, toxic tort litigation, environmental crimes, Brownfields redevelopment, government, energy and

        …

        Steven C. Russo chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, environmental permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, toxic tort litigation, environmental crimes, Brownfields redevelopment, government, energy and the environmental aspects of land use and real estate law. Steven is equally experienced litigating in federal and state courts, as well as counseling his clients with regard to environmental liability risk and due diligence, permitting, Brownfields, and impact assessment and review. He also practices election and campaign finance law.

        Prior to joining the firm, Steven was the Chief Legal Officer of the New York State Department of Environmental Conservation. There, he supervised approximately 90 attorneys in Albany, as well as the agency’s nine regional offices. He also supervised the agency’s legislative affairs department and Office of Environmental Justice. At the agency, Steven initiated a reform of the state’s environmental review regulations and assessment forms, completed the issuance of new power plant siting regulations pertaining to environmental justice and carbon emissions and revised the agency’s environmental audit policy.

        Steven also serves as election law counsel to a number of New York State and federal campaigns and political parties.

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        Photo of Jane McLaughlin Jane McLaughlin

        Jane McLaughlin has extensive governmental and legislative experience, having served as Director of Legislative Affairs in the New York Department of Environmental Conservation, Legislative Counsel in the New York State Department of Health, and as Legislative Counsel and Committee Director in the New…

        Jane McLaughlin has extensive governmental and legislative experience, having served as Director of Legislative Affairs in the New York Department of Environmental Conservation, Legislative Counsel in the New York State Department of Health, and as Legislative Counsel and Committee Director in the New York State Senate. Jane has also served as counsel to the New York State Conference of Mayors and Municipal Officers (NYCOM), working on various matters pertaining to municipal government. She has worked on a wide variety of matters and legislation, including matters involving the environment, health care, procurement, telecommunications, election law, and water/sewer law.

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        Photo of Zackary D. Knaub Zackary D. Knaub

        Zackary D. Knaub brings deep New York government experience to his Environmental and Government Law & Policy practices. Prior to joining Greenberg Traurig, Zackary served as Interim Chief Counsel and First Assistant Counsel to Governor Andrew M. Cuomo, and before that, as Assistant…

        Zackary D. Knaub brings deep New York government experience to his Environmental and Government Law & Policy practices. Prior to joining Greenberg Traurig, Zackary served as Interim Chief Counsel and First Assistant Counsel to Governor Andrew M. Cuomo, and before that, as Assistant Counsel to the Governor for Energy and the Environment. In these roles, Zackary advised Governor Cuomo and his administration on all legal issues related to executive actions, policies, and legislative initiatives. He coordinated the legal affairs and operations of over 100 State Executive Agencies, State Authorities, Public Benefit Corporations, and boards, and oversaw the day-to-day operations of the Office of the Governor’s Counsel. Zackary managed the development and negotiation of major legislation and gubernatorial initiatives. He supervised negotiations of all legislation in the Governor’s annual $175 Billion state budget and managed outside counsel in litigation. His public relations experience includes advising press and operations staff on crisis management strategies and public messaging of complex legal and policy initiatives.

        Zackary has also defended and prosecuted environmental and commercial cases in state and federal courts, and before administrative tribunals, arbitration panels, and mediators for a wide range of businesses in areas of law including federal and state environmental laws, intellectual property, Federal Acquisitions Regulations, employment law and policy, insurance coverage, and environmental risk management.

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        Photo of Jeshica Patel Jeshica Patel

        Jeshica Patel focuses her practice on government, law, and policy matters with a focus on New York State environmental and energy issues. She has deep experience representing government agencies and authorities on environmental, energy, and agriculture matters, and coordinating legal affairs for state…

        Jeshica Patel focuses her practice on government, law, and policy matters with a focus on New York State environmental and energy issues. She has deep experience representing government agencies and authorities on environmental, energy, and agriculture matters, and coordinating legal affairs for state agencies including the Department of Environmental Conservation, Office of Parks, Recreation and Historic Preservation, Department of Agriculture and Markets, Department of Public Service, Office of Renewable Energy Siting, New York Power Authority, and New York State Energy Research and Development Authority.

        Prior to joining Greenberg Traurig, Jeshica served as assistant counsel to Governor Kathy Hochul for Energy, Environment, and Agriculture in the New York State Executive Chamber.

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