Air Pollution – Soil Vapor Intrusion (6)
Brownfields Cleanup (13)
Environmental Contamination & General Liability in New York (7)
Environmental Law Video (1)
Environmental Permits (3)
Environmental Risk & Insurance (5)
Federal Environmental Law (36)
Indoor Air Quality (IAQ) (13)
Lawyer & Attorney Referrals (2)
Media Appearances (1)
New York Navigation Law (15)
New York State Environmental Law (35)
NY Environmental Statutes, Codes, Regulations (19)
NY Oil Spill Act (14)
NY State Environmental Quality Review Act (SEQRA) (7)
Oil Spill Cases (8)
Press Releases (4)
Real Estate Transactions & Environmental Law (29)
Sick Building Syndrome (SBS) (5)
Superfund (CERCLA & State Superfund) (26)
Toxic Substance Control Act – TSCA (1)
Matthew Jokajtys | January 2, 2013
During the summer of 2012, the DEC proposed its first substantive amendments to the State Environmental Quality Review Act (SEQRA) regulations since 1996. The DEC has explained that the amendments are meant to streamline the review process “without sacrificing meaningful review,” but the potential impact of the proposed amendments appears to be somewhat mixed. The proposed amendments center [...]
Matthew Jokajtys | December 12, 2012
A federal court in New York recently decided that the migration of subterranean contamination onto a neighboring property was not, by itself, a sufficient basis to hold a neighboring landowner jointly liable for remediation costs under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).
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 [...]
James J. Periconi, Esq. | May 15, 2012
In our series highlighting the tools of environmental due diligence in real estate transactions, we’ve covered the basics of (1) what is “environmental due diligence,” (2) what are the important environmental provisions you need in a purchase and sale contract, and (3) what environmental investigations and audits you need to undertake after signing the contract. [...]
James J. Periconi, Esq. | May 7, 2012
So now you’ve selected your property and have a proper purchase and sale agreement in place; what do you do next?
James J. Periconi, Esq. | April 18, 2012
In our first post in this blog series, we explained exactly what is meant by the term “environmental due diligence” in real estate transactions and discussed some of the “tools” of environmental due diligence. In this post, we’ll cover in detail one of those tools: the contract of sale for real property.
James J. Periconi, Esq. | April 10, 2012
This blog series is based on an article written by James J. Periconi and published in the Winter 2008 Bloomberg Corporate News Journal. Mr. Periconi also discusses the details and the nuances of environmental due diligence of commercial real estate transactions in his bi-monthly continuing legal education course. Although we’ve blogged about environmental due diligence [...]
James J. Periconi, Esq. | February 13, 2012
So far, in the Periconi, LLC Environmental Law Blog, we’ve discussed what to do before you purchase a contaminated property (see here) and what to do after you’ve purchased a contaminated property (see here), but there is a step that often takes place in between – i.e., between contract signing the closing on the purchase – [...]
James J. Periconi, Esq. | February 7, 2012
We realized, while writing about the new “Continuing Obligations Standards” for contaminated properties (see here), that in order to give a comprehensive picture of what needs to be done if you’re thinking about purchasing a contaminated property, we need to start at the beginning: the Phase I Environmental Site Assessment. This has to take place [...]
James J. Periconi, Esq. | January 31, 2012
New guidelines published in 2011 assist landowners in insuring that they meet all the requirements — specifically the “continuing obligations” — to avail themselves of the landowner liability protections under the federal Superfund Act.
Extension of New York State Fracking Moratorium Passes State Assembly, But its Ultimate Fate is Unclear Destruction of Oil Spill Investigation Data Ruled Not Sufficiently Prejudicial to Warrant the Dismissal of a Cost Recovery Action Under Navigation Law § 12 EPA to Defend its “Proposed Plan” for Remediating the Gowanus Canal Superfund Site During Public Meetings on January 23 and 24, 2013 DEC “Incidental Take” Permit Regulations Survive Challenge “Fracking NY” Blog Series: Update – Federal Regulations 11th Circuit Decision Follows that of Niagara v. Mohawk: Under CERCLA, Parties Who Enter Into Consent Decree with Government Are Limited to a § 113(f) Contribution Claim 