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Abigail M. Jones, Esq. | 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 [...]
Abigail M. Jones, Esq. | 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 [...]
Abigail M. Jones, Esq. | 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 [...]
Abigail M. Jones, Esq. | 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 [...]
Abigail M. Jones, Esq. | September 13, 2011
The DEC reported that it received 46 Brownfields Cleanup Program (“BCP”) applications during 2010-2011, an increase of 15% from the previous year. DEC approved 38 of those applications, up from 26 from the year before. This is good news both for developers and property owners, as well as for our communities and the environment.
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 §§ [...]
James J. Periconi, Esq. | October 8, 2010
Late last year, the First Department, in the Matter of East River Realty v. N.Y. State Department of Environmental Conservation, 2009 NY Slip Op 9381, 68 A.D.3d 564 (N.Y. App. Div., 1st Dep’t Dec. 17, 2009), upheld a Supreme Court ruling that the New York State Department of Environmental Conservation (“NYSDEC”) cannot use a “but-for” [...]
James J. Periconi, Esq. | April 12, 2010
The First Department, in the Matter of East River Realty v. N.Y. State Department of Environmental Conservation, 2009 NY Slip Op 9381 (N.Y. App. Div., 1st Dep’t 2009), recently upheld a Supreme Court ruling that the New York State Department of Environmental Conservation (“NYSDEC”) cannot use a “but-for” test in determining
James J. Periconi, Esq. | March 31, 2010
Continuing with our prior post, this post discusses the Court of Appeal’s ruling in In the Matter of Lighthouse Pointe Property Associates, LLC v. New York State Department of Environmental Conservation, 2010 NY Slip Op 1377, 2010 N.Y. LEXIS 35, (Ct. App. Feb. 18, 2010), and the implications of that decision. Court of Appeals’ Decision [...]
James J. Periconi, Esq. | March 30, 2010
On February 18, 2010, New York’s highest court overturned the DEC’s denial of an upstate New York development’s application for admission into the State’s Brownfield Cleanup Program (“BCP” or “Program”). In the Matter of Lighthouse Pointe Property Associates, LLC v.
Conservation Buffer Sufficient to Defeat Petitioners’ Standing to Challenge Proposed Development Court Allows Town’s Trespass and Strict Liability Claims against Neighboring Company to Go Forward Under CERCLA, Responsible Parties Liable for Future Clean-Up Costs Revised Standards for Phase II Environmental Site Assessments So, You’re Interested in Purchasing a Contaminated Property (or a Parcel Next to a Contaminated Property): An Overview of Phase I Environmental Site Assessments How to Insure You Get the Landowner Liability Protections under Superfund Environmental Groups Denied Intervention in Suit Regarding RCRA Consent Decree James J. Periconi Named 2011 Environmental SuperLawyer 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 