Air Pollution – Soil Vapor Intrusion (6)
Brownfields Cleanup (13)
Environmental Contamination & General Liability in New York (7)
Environmental Law Video (1)
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Environmental Risk & Insurance (5)
Federal Environmental Law (36)
Indoor Air Quality (IAQ) (13)
Lawyer & Attorney Referrals (2)
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New York Navigation Law (15)
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NY Environmental Statutes, Codes, Regulations (19)
NY Oil Spill Act (14)
NY State Environmental Quality Review Act (SEQRA) (7)
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Real Estate Transactions & Environmental Law (29)
Sick Building Syndrome (SBS) (5)
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Toxic Substance Control Act – TSCA (1)
James J. Periconi, Esq. | October 7, 2008
Asbestos is a ubiquitous element of office building materials. The name is given to a number of naturally occurring, fibrous silicate minerals mined for their useful properties such as acoustic insulation, thermal insulation, chemical and thermal stability, and high tensile strength. Asbestos was commonly used
James J. Periconi, Esq. | September 28, 2008
So, who is responsible for mitigating this soil vapor intrusion? The New York State Department of Environmental Conservation (DEC) describes the conditions under which the state will conduct the vapor intrusion evaluations and the order in which the sites will be assessed. If exposures represent a concern due to indoor sources, then the state will [...]
James J. Periconi, Esq. | September 21, 2008
Today we continue our discussion on soil vapor intrusion. Some states like New York have developed detailed vapor intrusion guidance of their own. New York’s guidance explicitly raises concerns about reliance on modeling and exterior soil vapor screening and encourages indoor and sub-slab sampling where there is a reason to believe that vapor intrusion may [...]
James J. Periconi, Esq. | September 14, 2008
If worker right-to-know laws are intended to require employers to inform their employees of the specific hazards based on specific chemicals to which their employees are exposed in the workplace, soil gas vapor regulation is intended to fill a significant gap, namely the wide range of pollutants that employers typically cannot know about and protect [...]
James J. Periconi, Esq. | August 20, 2008
Proof problems and procedural obstacles for non-industrial workers seeking damages for personal injury from indoor air pollution are significant. For instance, in Johns-Davila v. City of New York, 2000 U.S. Dist. LEXIS 17012 (S.D.N.Y Nov. 20, 2000), a case involving employment discrimination, the plaintiff was unable to demonstrate that she was disabled due to sick [...]
James J. Periconi, Esq. | July 30, 2008
Building-related illnesses are those for which there is a clinically defined illness of known etiology. These include infections such as legionellosis and allergic reactions such as hypersensitivity diseases and are often documented by physical signs and laboratory findings. Building-related illnesses are uncommon and are more serious in prognosis than mere discomfort.
James J. Periconi, Esq. | July 20, 2008
Solutions to Sick Building Syndrome (SBS) usually include combinations of the following. First, pollutant source removal or modification is an effective approach to resolving an IAQ problem when sources are known and control is feasible. Examples include routine cleaning and replacement of air filters in HVAC systems; replacement of water-stained ceiling tile and carpeting; venting [...]
James J. Periconi, Esq. | July 11, 2008
Employee complaints can be due to two types of building problems: Sick Building Syndrome (SBS), and building-related illnesses. SBS is used to describe situations in which building occupants experience acute health effects that appear to be linked to time spent in a building, but no specific illness can be identified. SBS is associated with complaints [...]
James J. Periconi, Esq. | July 1, 2008
While pollutants commonly found in indoor air are responsible for many harmful effects, there is considerable uncertainty about what concentrations or periods of exposure are necessary to produce specific health problems. People also react very differently to exposure to indoor air pollutants.
James J. Periconi, Esq. | June 19, 2008
In a process known as infiltration, outdoor air flows into the building through openings, joints, cracks in walls, floors, ceilings, and around windows and doors. In natural ventilation, air moves through opened windows and doors. Air movement associated with infiltration and natural ventilation is caused by air temperature differences between indoors and outdoors and by [...]
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 