Periconi, LLC Environmental Law Blog

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 | No Comments »
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 | No Comments »
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 | No Comments »
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) | No Comments »
Tags: cracks in building foundations, DEC, Department of Health, DOH, mitigation, New York State Department of Environmental Conservation, outdoor source, soil vapor intrusion

James J. Periconi, Esq. | September 21, 2008

Today we continue our discussion on soil vapor intrusion.  Some states like New York have developed detailed vapor intrusion guidance of their own.  New York’s guidance explicitly raises concerns about reliance on modeling and exterior soil vapor screening and encourages indoor and sub-slab sampling where there is a reason to believe that vapor intrusion may [...]

Category: Air Pollution - Soil Vapor Intrusion, Indoor Air Quality (IAQ) | No Comments »
Tags: DEC, Department of Health, DOH, exterior soil vapor, New York State Department of Environmental Conservation, soil vapor intrusion, sub-slab sampling

James J. Periconi, Esq. | September 14, 2008

If worker right-to-know laws are intended to require employers to inform their employees of the specific hazards based on specific chemicals to which their employees are exposed in the workplace, soil gas vapor regulation is intended to fill a significant gap, namely the wide range of pollutants that employers typically cannot know about and protect [...]

Category: Air Pollution - Soil Vapor Intrusion, Indoor Air Quality (IAQ), Sick Building Syndrome (SBS) | No Comments »
Tags: contamination of groundwater, hazards, right-to-know, soil gas vapor, soil vapor intrusion, VOCs, volatile organic compounds, workplace

James J. Periconi, Esq. | June 9, 2008

Pollen, dust, fungi, industrial pollutants, and general vehicle exhaust are common outdoor sources of indoor air pollution.  Other sources include exhaust from vehicles on nearby roads or in parking lots or garages, loading docks, odors from dumpsters, unsanitary debris near outdoor air intakes, and cigarette smoke from office workers now required in most cities to [...]

Category: Air Pollution - Soil Vapor Intrusion, Indoor Air Quality (IAQ) | No Comments »
Tags: air contanimants, cigarette smoke, groundwater, health-threatening, indoor air pollutants, interior pollutants, landfills, outdoor source, pesticides, radon, soil gas vapor, subsurface soil

James J. Periconi, Esq. | April 26, 2008

In 2003, the New York Legislature passed the Brownfield Cleanup Program, ECL § 27-1401 et seq.  The benefits of the Brownfield Cleanup Program (“BCP”) are many:  the developer receives a liability release from the State following DEC oversight during the cleanup of the property. The most coveted benefit, however, is a tax credit of up [...]

Category: Brownfields Cleanup, Real Estate Transactions & Environmental Law | No Comments »
Tags: BCP, Brownfields, cleanup program, contamination, dec's soil cleanup objectives, Denial of eligibility, Department of Environmental Conversation, Governor Paterson, lighthouse pointe, New York

James J. Periconi, Esq. | November 27, 2007

Under New York Law, property damage is deemed to occur within the period of an occurrence-based policy, if injury-in-fact takes place during the policy period.  See Continental Casualty Co. v. Rapid-American Corp., 177 A.D.2d 61 (App. Div., 1992).  An insurer may only refuse to defend an action, however,

Category: Environmental Contamination & General Liability in New York, New York Navigation Law, New York State Environmental Law, NY Oil Spill Act, Oil Spill Cases | No Comments »
Tags: NYSDEC, occurrence-based policy, oil spill, petroleum discharge

James J. Periconi, Esq. | November 20, 2007

Pollution Legal Liability (PLL) policies protect policy holders against third-party claims for property damage, personal injury and cleanup costs relating to environmental contamination.  Typically, a PLL policy will protect can the insured party from loss arising from pollution conditions at or emanating from the insured Site.  Depending upon the specifics, a PLL policy will by [...]

Category: Environmental Contamination & General Liability in New York | No Comments »
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