James J. Periconi Named 2011 Environmental SuperLawyer

| 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!

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

| 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.

“Fracking NY” Blog Series: Part 5 – Delaware River Basin Commission Proposed Regulations

| 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 [...]

Generalized Community Knowledge Does Not Trump Expert Conclusions

| 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 [...]

“Fracking NY” Blog Series: Part 4 – Summary of Federal Regulations

| 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 [...]

“Fracking NY” Blog Series: Update – DEC Extends Public Comment Period

| 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.