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Update to Radioactivity Surveying in Erie and Niagara Counties: Vehicle-based Surveying Begins

Since the New York State Department of Environmental Conservation (“NYSDEC”) and United States Environmental Protection Agency (“USEPA”) announced the aerial surveying initiative in 2023 and 2024 (see October 2, 2023 LEGALcurrents), the agencies have continued to evaluate the data collected. Beginning July 7, 2025, the agencies will commence vehicle-based roadside surveying of properties in Erie and Niagara Counties. This next phase of evaluation is intended to supplement the aerial data and provide more detailed information about potential radiological contamination.

According to the NYSDEC news release, this follow-up “drive-by” roadside survey is expected to take approximately four weeks to complete. After this phase of evaluation is done, the NYSDEC intends to begin sampling and screening at individual properties later in 2025.

Harter Secrest & Emery has been actively engaged with this issue for years and we have significant experience, including leading first-of-its-kind litigation that seeks to hold the generators of the radioactive waste found at numerous residential and commercial properties responsible.  Our unmatched, cutting-edge expertise with respect to the complex legal, historical, and technical aspects of this issue means that we are ready to help when you need us. 

Please contact Thomas M. Tuori if you would like to learn more about this development or are contacted by the NYSDEC or USEPA in the coming months.

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