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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 [...]
Conservation Buffer Sufficient to Defeat Petitioners’ Standing to Challenge Proposed Development Court Allows Town’s Trespass and Strict Liability Claims against Neighboring Company to Go Forward Under CERCLA, Responsible Parties Liable for Future Clean-Up Costs Revised Standards for Phase II Environmental Site Assessments So, You’re Interested in Purchasing a Contaminated Property (or a Parcel Next to a Contaminated Property): An Overview of Phase I Environmental Site Assessments 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 