James Periconi describes the kinds of environmental criminal charges that Attorney General Holder’s investigation may result in, for example, release of pollutants dangerous to the environment (Clean Water Act), and the negligent if not knowing endangerment of the lives of the workers aboard the Deepwater Horizon rig that led to the deaths of 11 workers.
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I’m speaking about the Gulf of Mexico oil crisis that began in late April, of course. Few environmental catastrophes have shocked the nation more than the huge, continuing, unremitting flow of many thousands of gallons per hour of oil for seemingly an interminable period, with no end in sight. The Deepwater Horizon drilling rig blew
On February 10, 2009, the Appellate Division, Third Department, upheld a jury award of $6,325,000 in penalties against three defendants – property owner, gas supplier and station operator
In a recent oil spill case under the Navigation Law, an intermediate state appeals court, the Appellate Division of the State Supreme Court, Second Department overturned a $225,000 jury award of “stigma” damages (plus $61,600 fees award) to a private homeowner for devaluation of his property values – not for clean-up costs – due to
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 […]
New York’s Oil Spill Act, Article 12 of the New York Navigation Law, provides a natural and attractive starting point for people
New York’s Oil Spill Act, Article 12 of the New York Navigation Law, assigns strict liability to any person who has discharged petroleum, for all
