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James J. Periconi, Esq. | April 26, 2008
In 2003, the New York Legislature passed the Brownfield Cleanup Program, ECL § 27-1401 et seq. The benefits of the Brownfield Cleanup Program (“BCP”) are many: the developer receives a liability release from the State following DEC oversight during the cleanup of the property. The most coveted benefit, however, is a tax credit of up [...]
James J. Periconi, Esq. | April 26, 2008
Post–closing covenants will be required for a borrower in a loan transaction, or a tenant in a lease transaction. 1. Borrower will be required to comply [in all material respects] with Environmental Requirements, to notify lender promptly in writing after knowledge in the event of any release which violates any applicable Environmental Requirement, of any [...]
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