Air Pollution – Soil Vapor Intrusion (6)
Brownfields Cleanup (13)
Environmental Contamination & General Liability in New York (5)
Environmental Law Video (1)
Environmental Permits (1)
Environmental Risk & Insurance (3)
Federal Environmental Law (27)
Indoor Air Quality (IAQ) (13)
Lawyer & Attorney Referrals (2)
Media Appearances (1)
New York Navigation Law (14)
New York State Environmental Law (23)
NY Environmental Statutes, Codes, Regulations (13)
NY Oil Spill Act (14)
NY State Environmental Quality Review Act (SEQRA) (2)
Oil Spill Cases (6)
Press Releases (4)
Real Estate Transactions & Environmental Law (18)
Sick Building Syndrome (SBS) (5)
Superfund (CERCLA & State Superfund) (17)
Toxic Substance Control Act – TSCA (1)
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…)
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…)
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!
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…)
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…)
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…)
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…)
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…)
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…)
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…)
How to Insure You Get the Landowner Liability Protections under Superfund Environmental Groups Denied Intervention in Suit Regarding RCRA Consent Decree James J. Periconi Named 2011 Environmental SuperLawyer DEC Did Not Act Outside of Its Authority in Promulgating Regulations that Required Cleanup of Contaminated Properties to “Pre-Disposal Conditions” under the State Inactive Hazardous Waste Disposal Site Act EPA Issues Interim Guidelines for Urban Agriculture on Brownfield Sites Owners of Automobile Repair Shop Found Strictly Liable for Petroleum Discharge under NY Oil Spill Act Sole Shareholder of Company that Owned Contaminated Site Found Liable as a “Current Operator” under CERLCA U.S. Supreme Court Refuses to Hear Attack on CERCLA’s Constitutionality