Periconi, LLC Environmental Law Blog

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 [...]

Category: New York State Environmental Law, NY State Environmental Quality Review Act (SEQRA) | No Comments »
Tags: SEQRA, Standing

Abigail M. Jones, Esq. | March 19, 2012

In a recent opinion, Town of Windsor v. Avery Dennison Corp., 2012 U.S. Dist. LEXIS 27264 (S.D.N.Y. Mar. 1, 2012), the United States District Court for the Southern District of New York allowed a town’s claims of strict liability for ultrahazardous activities and trespass against a neighboring manufacturing company to proceed, while dismissing the town’s [...]

Category: New York State Environmental Law | No Comments »
Tags: common law, New York, strict liability, trepass, ultrahazardous activities

Abigail M. Jones, Esq. | March 7, 2012

So far in the Periconi, LLC “Fracking NY Blog Series,” we’ve outlined state, interstate, and federal regulation of high volume horizontal hydraulic fracturing (or “fracking”).  We now turn to yet another layer of potential regulation of fracking in New York State: local zoning ordinances.  Two towns – Dryden and Middlefield – which have enacted zoning [...]

Category: Fracking, Land Use Law, New York State Environmental Law | No Comments »
Tags: fracking, Marcellus Shale, New York municipal law, NYC watershed, preemption, zoning & local land use

Abigail M. Jones, Esq. | March 7, 2012

So far in the Periconi, LLC “Fracking NY Blog Series,” we’ve outlined state, interstate, and federal regulation of high volume horizontal hydraulic fracturing (or “fracking”).  We now turn to yet another layer of potential regulation of fracking in New York State: local zoning ordinances.  Two towns – Dryden and Middlefield – which have enacted zoning [...]

Category: Fracking, Land Use Law, New York State Environmental Law | No Comments »
Tags: fracking, Marcellus Shale, New York municipal law, NYC watershed, preemption, zoning & local land use

Abigail M. Jones, Esq. | 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.

Category: Brownfields Cleanup, Environmental Contamination & General Liability in New York, New York State Environmental Law, NY Environmental Statutes, Codes, Regulations | No Comments »
Tags: BCP, Brownfield Cleanup program, cleanup removal, disposal, hazardous materials, NYSDEC, remediation

Abigail M. Jones, Esq. | 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 [...]

Category: Fracking, New York State Environmental Law | No Comments »
Tags: Delaware River Basin Commission, fracking, Marcellus Shale, NYC watershed

Abigail M. Jones, Esq. | 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 [...]

Category: Land Use Law, New York State Environmental Law | No Comments »
Tags: land use, New York municipal law, property, SEQRA

Abigail M. Jones, Esq. | 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 [...]

Category: Fracking, New York State Environmental Law | No Comments »
Tags: EPA, fracking, Marcellus Shale

Abigail M. Jones, Esq. | 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. 

Category: Fracking, New York State Environmental Law | No Comments »
Tags: DEC, fracking, Marcellus Shale, NYC watershed

Abigail M. Jones, Esq. | November 21, 2011

In our first two posts (here and here) in the Fracking NY Blog Series, we considered the general background of fracking in the Marcellus Shale region of New York and the 2011 Revised Draft Supplemental Generic Environmental Impact Study (“Revised Draft SGEIS”) prepared by the New York State Department of Environmental Conservation (“DEC”) which studied the [...]

Category: Fracking, New York State Environmental Law | No Comments »
Tags: DEC, fracking, Marcellus Shale, NYC watershed