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James J. Periconi, Esq. | April 28, 2009
We continue with our recent discussion of the Aiken v. General Electric Co. case, No. 505023, __N.Y.S.2d__ (3d Dep’t Dec. 4, 2008), discussed in a recent post. There is not much precedent for the Aiken case, as SVI issues are relatively new to the environmental law landscape and have not been litigated much yet.
James J. Periconi, Esq. | April 23, 2009
An intermediate state appeals court, the Appellate Division of State Supreme Court, Third Department (upstate) recently allowed a suit to go forward against GE for injury caused by soil vapor intrusion (SVI) where the contamination that was the source of the SVI was discovered 25 years ago.
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. | June 9, 2008
Pollen, dust, fungi, industrial pollutants, and general vehicle exhaust are common outdoor sources of indoor air pollution. Other sources include exhaust from vehicles on nearby roads or in parking lots or garages, loading docks, odors from dumpsters, unsanitary debris near outdoor air intakes, and cigarette smoke from office workers now required in most cities to [...]
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 