Periconi, LLC Environmental Law Blog

Matthew Jokajtys | March 7, 2013

Does the destruction of plaintiff’s technical data supporting disclosed oil spill investigation reports get a defendant off the hook?  Apparently not, decided the Appellate Division (Third Dept.) in a November 2012 decision, rejecting a defense motion to reverse a plaintiff’s trial verdict. Defendants had received the reports themselves, without the backup technical data, but had [...]

Category: Environmental Contamination & General Liability in New York, New York Navigation Law, Oil Spill Cases | No Comments »
Tags: DEC, environmental, environmental requirements, New York State Department of Environmental Conservation, ny navigation law, petroleum discharge, remediation

Matthew Jokajtys | December 4, 2012

Congress enacted the Superfund Act, whose formal name is the Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA, in 1980 to promote the clean up (remediation) of properties, typically abandoned landfills or other sites, that had been contaminated by the disposal of hazardous materials. To further this goal, Congress cast a wide net and [...]

Category: Environmental Due Diligence, Federal Environmental Law, Oil Spill Cases, Real Estate Transactions & Environmental Law, Superfund (CERCLA & State Superfund) | No Comments »
Tags: CERCLA, CERClA liability, cleanup removal, cost recovery action, disposal, environmental, environmental requirements, environmental site assessment, EPA, groundwater contamination, hazardous materials, hazardous waste, potentially responsible party, PRP, remediation, strict liability, superfund, us supreme court

James J. Periconi, Esq. | June 5, 2010

James Periconi describes the kinds of environmental criminal charges that Attorney General Holder’s investigation may result in, for example, release of pollutants dangerous to the environment (Clean Water Act), and the negligent if not knowing endangerment of the lives of the workers aboard the Deepwater Horizon rig that led to the deaths of 11 workers. [...]

Category: Environmental Law Video, Media Appearances, Oil Spill Cases | No Comments »
Tags: attorney general eric holder investigation, crime victims rights act, deepwater horizon drilling rig, environmental criminal charges, james periconi media appearance

James J. Periconi, Esq. | May 28, 2010

I’m speaking about the Gulf of Mexico oil crisis that began in late April, of course.  Few environmental catastrophes have shocked the nation more than the huge, continuing, unremitting flow of many thousands of gallons per hour of oil for seemingly an interminable period, with no end in sight.  The Deepwater Horizon drilling rig blew

Category: Federal Environmental Law, Oil Spill Cases, Superfund (CERCLA & State Superfund) | No Comments »
Tags: deepwater horizon, drilling rig, gowanus canal, gulf of mexico, newtown creek, oil spill

James J. Periconi, Esq. | May 8, 2009

On February 10, 2009, the Appellate Division, Third Department, upheld a jury award of $6,325,000 in penalties against three defendants – property owner, gas supplier and station operator

Category: Oil Spill Cases | No Comments »
Tags: Appellate Division, gas supplier, remediation, Third Department, underground storage tanks, UST

James J. Periconi, Esq. | May 4, 2009

In a recent oil spill case under the Navigation Law, an intermediate state appeals court, the Appellate Division of the State Supreme Court, Second Department overturned a $225,000 jury award of “stigma” damages (plus $61,600 fees award) to a private homeowner for devaluation of his property values – not for clean-up costs – due to

Category: Oil Spill Cases | No Comments »
Tags: Appellate Division, diminution in property value, Navigation Law, oil spill case, overhead electro magnetic wires, overhead wires, Second Department, stigma damages

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 14, 2007

New York’s Oil Spill Act, Article 12 of the New York Navigation Law, provides a natural and attractive starting point for people seeking to recover cleanup costs for petroleum spills. The Act imposition of strict liability holds out the promise of avoiding litigation over events and states of mind for which little or contradictory evidence [...]

Category: Environmental Contamination & General Liability in New York, Oil Spill Cases | No Comments »
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