“Fracking NY” Blog Series: Part 2 – Summary of DEC’s 2011 Revised Draft SGEIS

| 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 [...]

“Fracking NY” Blog Series: Part 1 – Overview of Fracking in the Marcellus Shale Region of New York

| 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 [...]

EPA Issues Interim Guidelines for Urban Agriculture on Brownfield Sites

| 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 [...]

Owners of Automobile Repair Shop Found Strictly Liable for Petroleum Discharge under NY Oil Spill Act

| 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 [...]

DEC Reports Increase in Brownfields Applications and Approvals; NYS Bar’s Efforts to Improve the Program Overall

| 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.

New York State Department of Environmental Conservation Proposes Amendments to Environmental Assessment Forms

| 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 §§ [...]

Update on Brownfields Program Eligibility: The First Department Upholds the Supreme Court’s Rejection of DEC’s Use of a “But-For” Test

| 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” [...]

The First Department Upholds the Supreme Court’s Rejection of DEC’s Use of a “But-For” Test in Determining Eligibility under the Brownfield Program

| 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

New York’s Highest Court Overturns a DEC Brownfield Cleanup Program Eligibility Determination – Part II.

| 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 [...]

New York’s Highest Court Overturns a DEC Brownfield Cleanup Program Eligibility Determination – Part I.

| 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.