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

| 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.

“Fracking NY” Blog Series: Part 5 – Delaware River Basin Commission Proposed Regulations

| 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 [...]

Generalized Community Knowledge Does Not Trump Expert Conclusions

| 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 [...]

“Fracking NY” Blog Series: Part 4 – Summary of Federal Regulations

| 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 [...]

“Fracking NY” Blog Series: Update – DEC Extends Public Comment Period

| 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. 

“Fracking NY” Blog Series: Part 3 – Summary of DEC’s 2011 Draft Regulations

| 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 [...]

“Fracking NY” Blog Series: Part 2 – Summary of DEC’s 2011 Revised Draft SGEIS

| 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 [...]

“Fracking NY” Blog Series: Part 1 – Overview of Fracking in the Marcellus Shale Region of New York

| 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 [...]

EPA Issues Interim Guidelines for Urban Agriculture on Brownfield Sites

| 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 [...]

Owners of Automobile Repair Shop Found Strictly Liable for Petroleum Discharge under NY Oil Spill Act

| 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 [...]