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 (29)
Indoor Air Quality (IAQ) (13)
Lawyer & Attorney Referrals (2)
Media Appearances (1)
New York Navigation Law (14)
New York State Environmental Law (27)
NY Environmental Statutes, Codes, Regulations (13)
NY Oil Spill Act (14)
NY State Environmental Quality Review Act (SEQRA) (3)
Oil Spill Cases (6)
Press Releases (4)
Real Estate Transactions & Environmental Law (26)
Sick Building Syndrome (SBS) (5)
Superfund (CERCLA & State Superfund) (21)
Toxic Substance Control Act – TSCA (1)
James J. Periconi, Esq. | November 27, 2007
Under New York Law, property damage is deemed to occur within the period of an occurrence-based policy, if injury-in-fact takes place during the policy period. See Continental Casualty Co. v. Rapid-American Corp., 177 A.D.2d 61 (App. Div., 1992). An insurer may only refuse to defend an action, however,
James J. Periconi, Esq. | November 20, 2007
Pollution Legal Liability (PLL) policies protect policy holders against third-party claims for property damage, personal injury and cleanup costs relating to environmental contamination. Typically, a PLL policy will protect can the insured party from loss arising from pollution conditions at or emanating from the insured Site. Depending upon the specifics, a PLL policy will by [...]
James J. Periconi, Esq. | November 14, 2007
Cost-Cap insurance policies pay for costs that exceed the estimated cost of a remedial plan. These policies typically have large “co-insurance” and deductible provisions, so that the insured must still pay a significant portion of the cost overruns. Policies are also available to cover contractors and consultants for environmental liabilities.
James J. Periconi, Esq. | November 14, 2007
New York’s Oil Spill Act, Article 12 of the New York Navigation Law, provides a natural and attractive starting point for people seeking to recover cleanup costs for petroleum spills. The Act imposition of strict liability holds out the promise of avoiding litigation over events and states of mind for which little or contradictory evidence [...]
James J. Periconi, Esq. | November 13, 2007
So, what are the implications of the background principles of law discussed in earlier blogs, and what principles overall should govern how your environmental lawyer makes herself really useful to you in the process? Three Overarching Tasks and Principles or considerations for both Buyer and Seller that emerge from this:
James J. Periconi, Esq. | November 7, 2007
We devote a whole blog to this because it’s one of those areas where standard practice in the field, pre-environmental law, has been totally overtaken by cases where “as is” clauses intersect with environmental problems
Conservation Buffer Sufficient to Defeat Petitioners’ Standing to Challenge Proposed Development Court Allows Town’s Trespass and Strict Liability Claims against Neighboring Company to Go Forward Under CERCLA, Responsible Parties Liable for Future Clean-Up Costs Revised Standards for Phase II Environmental Site Assessments So, You’re Interested in Purchasing a Contaminated Property (or a Parcel Next to a Contaminated Property): An Overview of Phase I Environmental Site Assessments 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 