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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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Tags: DEC, fracking, Marcellus Shale, NYC watershed
Abigail M. Jones, Esq. | November 15, 2011
As mentioned in our last NY Fracking Series post, hydraulic fracturing as a method of extracting natural gas is nothing new in New York State. But the type of high-volume horizontal hydraulic fracturing, or “fracking,” now being considered for the Marcellus Shale formation in New York is new. That’s why it has triggered a revision [...]
Category: Fracking, New York State Environmental Law |
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Tags: DEC, fracking, Marcellus Shale, NYC watershed
Abigail M. Jones, Esq. | October 25, 2011
Introduction to Periconi, LLC’s “Fracking NY” Blog Series Periconi, LLC does not represent clients on any side of this, the most significant environmental controversy in New York at this time – not the companies drilling for gas, or property owners who have signed leases (some of whom now regret that they did so), or the [...]
Category: Fracking, New York State Environmental Law |
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Tags: DEC, fracking, Marcellus Shale, NYC watershed
Abigail M. Jones, Esq. | October 18, 2011
Urban agriculture is exploding in cities – large and small – throughout the nation. In many cities, local land use laws and zoning ordinances are being amended or drafted to support this new-found passion. But with precious “green” space in cities (and rooftops in limited supply), many urban farmers may be forced to turn to [...]
Category: Brownfields Cleanup |
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Tags: brownfields cleanup, EPA, property, urban agriculture
Abigail M. Jones, Esq. | October 11, 2011
If you’re familiar with the harsh reality of property owner liability under the New York State Navigation Law’s Oil Spill Act, this headline shouldn’t raise any eyebrows. However, the holding of State of New York v. C.J. Burth Services, Inc., 79 A.D.3d 1298, 915 N.Y.S.2d 174 (N.Y. App. 3rd Dep’t 2010), once again confirms the [...]
Category: New York Navigation Law, New York State Environmental Law, NY Oil Spill Act |
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Tags: DEC, New York State Department of Environmental Conservation, ny navigation law, ny oil spill act, petroleum discharge, strict liability
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