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James J. Periconi, Esq. | June 29, 2012
Previously in our “Fracking NY” Blog Series, we summarized the two recent New York Supreme Court cases — Anschutz Exploration Corp. v. Town of Dryden, 940 N.Y.S.2d 458 (Sup. Ct. Tompkins Co. Feb. 21, 2012) and Cooperstown Holstein Corp. v. Town of Middlefield, 2012 N.Y. Misc. LEXIS 1420 (Sup. Ct. Otsego Co. Feb. 24, 2012), [...]
James J. Periconi, Esq. | June 25, 2012
Since our last post regarding the current federal regulations of high-volume hydraulic fracturing (i.e., “fracking”) for extraction of natural gas from shale, there have been several developments on the federal level.
James J. Periconi, Esq. | June 18, 2012
The Fifth Circuit Court of Appeals held that the Clean Water Act does not allow citizen suits to enforce the conditions of a § 404 Permit. See Atchafalaya Basinkeeper v. Chustz, No. 11-30471 (5th Cir. Apr. 25, 2012).
James J. Periconi, Esq. | June 11, 2012
On May 1, 2012, the New York City Council unanimously approved changes to the New York City Zoning Resolution that will encourage green construction for new buildings and green retrofits for existing buildings, among other environmentally-sound innovations. These “Zone Green” amendments are complementary to Mayor Bloomberg’s PlaNYC program, the goal of which is to make [...]
Extension of New York State Fracking Moratorium Passes State Assembly, But its Ultimate Fate is Unclear Destruction of Oil Spill Investigation Data Ruled Not Sufficiently Prejudicial to Warrant the Dismissal of a Cost Recovery Action Under Navigation Law § 12 EPA to Defend its “Proposed Plan” for Remediating the Gowanus Canal Superfund Site During Public Meetings on January 23 and 24, 2013 DEC “Incidental Take” Permit Regulations Survive Challenge “Fracking NY” Blog Series: Update – Federal Regulations 11th Circuit Decision Follows that of Niagara v. Mohawk: Under CERCLA, Parties Who Enter Into Consent Decree with Government Are Limited to a § 113(f) Contribution Claim 