James J. Periconi, Esq. | April 26, 2012
On April 13, 2012, the US Environmental Protection Agency (EPA) published its proposed a draft New Source Performance Standard (NSPS) regulation under Section 111 of the Clean Air Act (CAA) that will cover carbon dioxide (CO2) emissions from new sources in the category defined as new “electric utility generating units,” or EGUs.
James J. Periconi, Esq. | April 18, 2012
In our first post in this blog series, we explained exactly what is meant by the term “environmental due diligence” in real estate transactions and discussed some of the “tools” of environmental due diligence. In this post, we’ll cover in detail one of those tools: the contract of sale for real property.
James J. Periconi, Esq. | April 10, 2012
This blog series is based on an article written by James J. Periconi and published in the Winter 2008 Bloomberg Corporate News Journal. Mr. Periconi also discusses the details and the nuances of environmental due diligence of commercial real estate transactions in his bi-monthly continuing legal education course. Although we’ve blogged about environmental due diligence [...]
James J. Periconi, Esq. | April 3, 2012
In a decision that highlights how strictly trial courts are construing the standing of prospective plaintiffs or petitioners, a State Supreme Court justice in Westchester County recently held that because of a land conservation buffer between existing homes and a proposed development that the petitioners were fighting, individual residents could not establish the “proximity” necessary to [...]