EXHIBIT 3.17 CERTIFICATE OF FORMATION OF EMPIRE STATE I, LLC 1. The name of the limited liability company is Empire State I, LLC. 2. The address of the registered office in the state of Delaware is Corporation Trust Center, 1209 Orange Street, in the City of Wilmington, County of New Castle. The name of its registered agent is The Corporation Trust Company. IN WITNESS WHEREOF, the undersigned have executed this Certificate of Formation of Empire State I, LLC this 14th day of October, 1998. Empire State I, LLC By: Northeast Restoration Company, LLC, Member By: LandBank Environmental Properties, LLC, Managing Member By: LandBank, Inc., Managing Member By: /s/ James M. Redwine ----------------------------- James M. Redwine Assistant Secretary