Posted By James J. Periconi, Esq. on January 31, 2012
New guidelines published in 2011 assist landowners in insuring that they meet all the requirements — specifically the “continuing obligations” — to avail themselves of the landowner liability protections under the federal Superfund Act. (more…)
Category: Real Estate Transactions & Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: All appropriate inquiry, ASTM, CERClA liability, Landowner liability protections
Posted By Abigail M. Jones, Esq. on January 10, 2012
The federal Court of Appeals, D.C. Circuit recently denied three environmental groups’ motion to intervene in a lawsuit between the District of Columbia (“District”) and Potomac Electric Power Company and Pepco Energy Services, Inc. (collectively, “Pepco”), which concerned a consent decree under the Resource Conservation and Recovery Act (“RCRA”) entered into between the District and Pepco. See District of Columbia v. Potomac Electric Power Co., Civ. No. 11-00282. (D.D.C. Dec. 1, 2011). (more…)
Category: Federal Environmental Law, Resource Conservation and Recovery Act - RCRA |
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Tags: environmental litigation, RCRA
Posted By Abigail M. Jones, Esq. on December 29, 2011
In 2011, Periconi, LLC founder and principal James Periconi was named a Superlawyer in Environmental Law for the second year in a row!
(more…)
Category: Lawyer & Attorney Referrals, Press Releases |
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Posted By Abigail M. Jones, Esq. on December 28, 2011
The Court of Appeals of New York recently held that the New York State Department of Environmental Conservation (“DEC”) did not exceed its authority or act contrary to state law in enacting certain regulations with respect to remedial programs implemented to clean inactive hazardous waste disposal sites. (more…)
Category: Brownfields Cleanup, Environmental Contamination & General Liability in New York, New York State Environmental Law, NY Environmental Statutes, Codes, Regulations |
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Tags: BCP, Brownfield Cleanup program, cleanup removal, disposal, hazardous materials, NYSDEC, remediation
Posted By Abigail M. Jones, Esq. on December 19, 2011
We’ve discussed proposals from the State and Federal governments for the regulation of high-volume horizontal hydraulic fracturing of shale for natural gas (i.e., “fracking”), but there is another level of authority that has something to say about fracking operations in New York State – the Delaware River Basin Commission. This post will discuss the proposed amendments to the Commission’s Water Quality Regulations which would regulate fracking in the Delaware River Basin, as well as the New York State Attorney General’s lawsuit regarding the Commission’s proposed regulations. (more…)
Category: Fracking, New York State Environmental Law |
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Tags: Delaware River Basin Commission, fracking, Marcellus Shale, NYC watershed
Posted By Abigail M. Jones, Esq. on December 13, 2011
The Appellate Division of New York State Supreme Court, Third Department, upheld a lower court decision that it was improper for a local planning board to deny a special use permit based on “generalized community knowledge” in opposition to a development proposal, when an unchallenged expert report concluded that the proposal would not harm the environment. (more…)
Category: Land Use Law, New York State Environmental Law |
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Tags: land use, New York municipal law, property, SEQRA
Posted By Abigail M. Jones, Esq. on December 6, 2011
So far in our blog series on “Fracking NY,” we’ve presented a general background of the issues, a summary of the New York State Department of Environmental Conservation’s (“DEC”) Draft Revised SGEIS on fracking, and a summary of the DEC’s proposed regulations for fracking. We now turn to discuss the federal regulation – or lack thereof – of this process for natural gas extraction in the U.S. (more…)
Category: Fracking, New York State Environmental Law |
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Tags: EPA, fracking, Marcellus Shale
Posted By Abigail M. Jones, Esq. on December 2, 2011
On December 1, 2011, the New York State Department of Environmental Conservation (“DEC”) announced that it is extending the public comment period on its environmental impact study of high-volume horizontal hydraulic fracturing, or “fracking.”
The public comment period has been extended to January 11, 2012. (more…)
Category: Fracking, New York State Environmental Law |
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Tags: DEC, fracking, Marcellus Shale, NYC watershed
Posted By Abigail M. Jones, Esq. on November 30, 2011
The U.S. Court of Appeals for the Third Circuit recently held that the U.S. District Court for the District of New Jersey could not abstain from hearing a citizen suit case brought under both the federal Clean Water Act and the federal Resource Conservation and Recovery Act, and which sought an injunction requiring the defendant to clean up the Raritan River. (more…)
Category: Clean Water Act - CWA, Federal Environmental Law, Resource Conservation and Recovery Act - RCRA |
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Tags: abstention, environmental litigation, federal courts
Posted By Abigail M. Jones, Esq. on November 21, 2011
In our first two posts (here and here) in the Fracking NY Blog Series, we considered the general background of fracking in the Marcellus Shale region of New York and the 2011 Revised Draft Supplemental Generic Environmental Impact Study (“Revised Draft SGEIS”) prepared by the New York State Department of Environmental Conservation (“DEC”) which studied the environmental impact of allowing fracking in New York State. This post discusses the draft DEC regulations that were released in September of this year that would regulate high-volume horizontal hydraulic fracturing, or “fracking,” in New York State. (more…)
Category: Fracking, New York State Environmental Law |
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Tags: DEC, fracking, Marcellus Shale, NYC watershed