Periconi, LLC Environmental Law Blog

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 | No Comments »
Tags: BCP, Brownfield Cleanup program, cleanup removal, disposal, hazardous materials, NYSDEC, remediation

James J. Periconi, Esq. | March 15, 2011

The New York State Department of Environmental Conservation (“DEC”) recently proposed amending its Short and Long Environmental Assessment Forms (“EAFs”), and is accepting public comment on the revised forms through April 8, 2011. These forms are used in the environmental review process that is required under the State Environmental Quality Review Act (“SEQRA”), ECL §§ [...]

Category: New York State Environmental Law, NY Environmental Statutes, Codes, Regulations, NY State Environmental Quality Review Act (SEQRA) | No Comments »
Tags: Environmental Assessment Forms, environmental justice, greenhouse gas, New York State Department of Environmental Conservation, SEQRA, Type I Action, Unlisted Action

James J. Periconi, Esq. | January 9, 2007

5. Any claim by any injured person in for the costs of cleanup and removal and direct and indirect damages based on the strict liability imposed by this section may be brought directly against the person who has discharged the petroleum, provided, however,

Category: New York Navigation Law, New York State Environmental Law, NY Environmental Statutes, Codes, Regulations, NY Oil Spill Act | No Comments »
Tags: cleanup removal, damages recoverable, discharge petroleum

James J. Periconi, Esq. | January 9, 2007

4. (a) The only defenses that may be raised by a person responsible for a discharge of petroleum are: an act or omission caused solely by (i) war, sabotage, or governmental negligence or (ii) an act or omission of a third party other than an employee or agent of the person responsible, or a third [...]

Category: New York Navigation Law, New York State Environmental Law, NY Environmental Statutes, Codes, Regulations, NY Oil Spill Act | No Comments »
Tags: defenses, discharge of petroleum, preponderance of the evidence

James J. Periconi, Esq. | January 9, 2007

3. (a) The owner or operator of a major facility or vessel which has discharged petroleum shall be strictly liable, without regard to fault, subject to the defenses enumerated in subdivision four of this section, for all cleanup and removal costs and all direct and indirect damages paid by the fund. However, the cleanup and [...]

Category: Federal Environmental Law, New York Navigation Law, NY Environmental Statutes, Codes, Regulations, NY Oil Spill Act | No Comments »
Tags: discharged petroleum, gross negligence, limit of liability, onshore facility, strictly liable, tank vessel, third-party insurer, willful misconduct

James J. Periconi, Esq. | January 9, 2007

1. Any person who has discharged petroleum shall be strictly liable, without regard to fault, for all cleanup and removal costs and all direct and indirect damages, no matter by whom sustained, as defined in this section. In addition to cleanup and removal costs and damages, any such person who is notified of such release [...]

Category: New York Navigation Law, New York State Environmental Law, NY Environmental Statutes, Codes, Regulations, NY Oil Spill Act | No Comments »
Tags: direct damages, discharged petroleum, indirect damages, ny navigation law, ny oil spill act, personal property damage, real property damage, strict liability, strictly liable

James J. Periconi, Esq. | January 7, 2007

7. (a) Nothing in this section is intended to preclude cleanup and removal by any person threatened by such discharges, who, as soon as is reasonably possible, coordinates and obtains approval for such actions with ongoing state or federal operations and appropriate state and federal authorities. Notwithstanding any other provision of law to the contrary, [...]

Category: Federal Environmental Law, New York Navigation Law, NY Environmental Statutes, Codes, Regulations, NY Oil Spill Act | No Comments »
Tags: non-economic loss, petroleum cleanup and removal, PRP, responsible party

James J. Periconi, Esq. | January 7, 2007

4. Cleanup and removal of petroleum and actions to minimize damage from discharges shall be, to the greatest extent possible, in accordance with the National Contingency Plan for removal of oil and hazardous substances established pursuant to section 311 (d) of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended by [...]

Category: Federal Environmental Law, New York Navigation Law, NY Environmental Statutes, Codes, Regulations, NY Oil Spill Act | No Comments »
Tags: Comprehensive Environmental Response, Comprehensive Environmental Response Compensation and Liability Act, Federal Water Pollution Control Act, Removal of prohibited discharges

James J. Periconi, Esq. | January 7, 2007

1.   Any person discharging petroleum in the manner prohibited by section one hundred seventy-three of this article shall immediately undertake to contain such discharge. Notwithstanding the above requirement, the department may undertake the removal of such discharge and may retain agents and contractors who shall operate under the direction of such department for such purposes.

Category: Federal Environmental Law, New York Navigation Law, NY Environmental Statutes, Codes, Regulations, NY Oil Spill Act | No Comments »
Tags: discharged petroleum, prohibited discharge

James J. Periconi, Esq. | December 3, 2006

Environmental Statutes, Codes, Regulations and Related Materials N.Y. Navigation Law, Sec. 172. Definitions, Sections 15 – 18 Unless the context clearly indicates otherwise, the following terms shall have the following meanings:

Category: New York Navigation Law, NY Environmental Statutes, Codes, Regulations, NY Oil Spill Act | No Comments »
Tags: crude oil, fuel oil, gasoline, kerosene, oil, oil refuse, oil sludge, petroleum, sinking agents, surface collecting agents, tank vessel