Periconi, LLC Environmental Law Blog

Matthew Jokajtys | March 7, 2013

Does the destruction of plaintiff’s technical data supporting disclosed oil spill investigation reports get a defendant off the hook?  Apparently not, decided the Appellate Division (Third Dept.) in a November 2012 decision, rejecting a defense motion to reverse a plaintiff’s trial verdict. Defendants had received the reports themselves, without the backup technical data, but had [...]

Category: Environmental Contamination & General Liability in New York, New York Navigation Law, Oil Spill Cases | No Comments »
Tags: DEC, environmental, environmental requirements, New York State Department of Environmental Conservation, ny navigation law, petroleum discharge, remediation

James J. Periconi, Esq. | May 31, 2012

Since the Second Circuit Court of Appeals decided Niagara Mohawk Power Corp v. Chevron U.S.A., Inc., 596 F.3d 112 (2d Cir. 2010), a number of other Circuits have followed the Second Circuit’s holding that parties who enter into a consent decree with the U.S. Environmental Protection Agency (“EPA”) following an EPA enforcement action and then [...]

Category: Environmental Contamination & General Liability in New York, Superfund (CERCLA & State Superfund) | No Comments »
Tags: CERCLA, contribution action, cost recovery action, State Superfund, superfund

James J. Periconi, 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

James J. Periconi, Esq. | March 10, 2010

On March 2, 2010, the EPA listed the Gowanus Canal in Brooklyn on the National Priorities List (NPL), making it a federal Superfund site.  The New York State Department of Environmental Conservation urged EPA to consider

Category: Environmental Contamination & General Liability in New York, Federal Environmental Law, Superfund (CERCLA & State Superfund) | No Comments »
Tags: gowanus canal, industrial waterway, National Priorities List, New York State Department of Environmental Conservation, NPL, potentially responsible party, PRP

James J. Periconi, Esq. | November 27, 2007

Under New York Law, property damage is deemed to occur within the period of an occurrence-based policy, if injury-in-fact takes place during the policy period.  See Continental Casualty Co. v. Rapid-American Corp., 177 A.D.2d 61 (App. Div., 1992).  An insurer may only refuse to defend an action, however,

Category: Environmental Contamination & General Liability in New York, New York Navigation Law, New York State Environmental Law, NY Oil Spill Act, Oil Spill Cases | No Comments »
Tags: NYSDEC, occurrence-based policy, oil spill, petroleum discharge

James J. Periconi, Esq. | November 20, 2007

Pollution Legal Liability (PLL) policies protect policy holders against third-party claims for property damage, personal injury and cleanup costs relating to environmental contamination.  Typically, a PLL policy will protect can the insured party from loss arising from pollution conditions at or emanating from the insured Site.  Depending upon the specifics, a PLL policy will by [...]

Category: Environmental Contamination & General Liability in New York | No Comments »
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James J. Periconi, Esq. | November 14, 2007

New York’s Oil Spill Act, Article 12 of the New York Navigation Law, provides a natural and attractive starting point for people seeking to recover cleanup costs for petroleum spills. The Act imposition of strict liability holds out the promise of avoiding litigation over events and states of mind for which little or contradictory evidence [...]

Category: Environmental Contamination & General Liability in New York, Oil Spill Cases | No Comments »
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