James J. Periconi, Esq. | July 9, 2009
Burlington Northern & Santa Fe Railway Co. v. United States: The Supreme Court Clarifies the Requirements for “Arranger” Liability and Allocation of Liability in CERCLA Cases – Part I. The Supreme Court recently clarified the requirements for “arranger” liability and allocation of liability in CERCLA cases in Burlington Northern & Santa Fe Railway Co. v. [...]
Category: Federal Environmental Law, New York State Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: arranger liability, CERCLA, railroads & the environment, us supreme court
James J. Periconi, Esq. | May 19, 2009
In a recent Second Circuit decision, W.R. Grace & Co. v. Zotos International, No.: 05-cv-2798 (March 4, 2009), the Court followed two recent Supreme Court decisions on the oft-contested issue of when and under what sections of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) (the “Superfund” statute) a potentially responsible party (“PRP”) can [...]
Category: Federal Environmental Law, New York State Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: CERCLA, Comprehensive Environmental Response Compensation and Liability Act, DEC, hazardous waste, New York State Department of Environmental Conservation, NYSDEC, organic compounds, potentially responsible party, PRP, remediated, remediation, Second Circuit, us supreme court, W.R.Grace
James J. Periconi, Esq. | April 28, 2009
We continue with our recent discussion of the Aiken v. General Electric Co. case, No. 505023, __N.Y.S.2d__ (3d Dep’t Dec. 4, 2008), discussed in a recent post. There is not much precedent for the Aiken case, as SVI issues are relatively new to the environmental law landscape and have not been litigated much yet.
Category: Air Pollution - Soil Vapor Intrusion |
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Tags: air pollution, groundwater contamination, soil vapor intrusion, SVI, Third Department
James J. Periconi, Esq. | April 23, 2009
An intermediate state appeals court, the Appellate Division of State Supreme Court, Third Department (upstate) recently allowed a suit to go forward against GE for injury caused by soil vapor intrusion (SVI) where the contamination that was the source of the SVI was discovered 25 years ago.
Category: Air Pollution - Soil Vapor Intrusion |
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Tags: air pollution, groundwater contamination, soil vapor intrusion, SVI, Third Department
James J. Periconi, Esq. | December 10, 2008
The latest installment in the Brownfields Cleanup Program (BCP) eligibility saga involves a recent October 2008 case from the Supreme Court in New York County, East River Realty Company, LLC v. NYSDEC, __ N.Y.S.2d ___, 2008 WL 4694535 (Sup.Ct. New York Cty. 2008), holding that DEC cannot use a “but-for” test when determining whether
Category: Brownfields Cleanup |
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Tags: "But For" Test, BCP, Brownfield Cleanup program, CERClA liability, coal gasification plant, DEC
James J. Periconi, Esq. | December 8, 2008
In following our previous post concerning judicial review of DEC decisions to deny proposed developments entry into the Brownfield Cleanup Program, we discuss the New York County Supreme Court decision of
Category: Brownfields Cleanup |
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Tags: BCP, Brownfield Cleanup program, DEC, New York State Department of Environmental Conservation, remediation
James J. Periconi, Esq. | December 1, 2008
As noted in our previous post, in passing the recent Brownfield Cleanup Program Reform Legislation, the legislature did not amend the program’s eligibility requirements. As previously discussed, NYSDEC has narrowly construed the Act’s eligibility provisions and New York courts have been loath to overrule a NYSDEC decision of non-eligibility. (See our prior post, dated April [...]
Category: Brownfields Cleanup |
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Tags: Brownfield Cleanup program, constitution, DEC determination, environmental, equal protection clause, New York Supreme Court, Onondoga Court
James J. Periconi, Esq. | November 25, 2008
In our most recent post, we discussed the change in the credits allowed to brownfield developers under the new statute. We now turn our attention to monitoring requirements and the reporting thereof, and other aspects of the new law.
Category: Brownfields Cleanup |
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Tags: Brownfield Cleanup program, environmental legislation reform, NYSDEC
James J. Periconi, Esq. | November 14, 2008
On July 23, 2008, Governor David Paterson signed Brownfield Reform Legislation to amend New York State’s taxation and environmental conservation laws. These amendments seek to remedy previous problems with the State’s law concerning the redevelopment tax credits allowed under the program, and to create oversight programs to monitor the program where none existed before.
Category: Brownfields Cleanup |
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Tags: Brownfield Cleanup program, environmental legislation reform, NYSDEC
James J. Periconi, Esq. | September 28, 2008
So, who is responsible for mitigating this soil vapor intrusion? The New York State Department of Environmental Conservation (DEC) describes the conditions under which the state will conduct the vapor intrusion evaluations and the order in which the sites will be assessed. If exposures represent a concern due to indoor sources, then the state will [...]
Category: Air Pollution - Soil Vapor Intrusion, Indoor Air Quality (IAQ) |
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Tags: cracks in building foundations, DEC, Department of Health, DOH, mitigation, New York State Department of Environmental Conservation, outdoor source, soil vapor intrusion
Air Pollution – Soil Vapor Intrusion
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