Air Pollution – Soil Vapor Intrusion (6)
Brownfields Cleanup (13)
Environmental Contamination & General Liability in New York (5)
Environmental Law Video (1)
Environmental Permits (1)
Environmental Risk & Insurance (3)
Federal Environmental Law (27)
Indoor Air Quality (IAQ) (13)
Lawyer & Attorney Referrals (2)
Media Appearances (1)
New York Navigation Law (14)
New York State Environmental Law (23)
NY Environmental Statutes, Codes, Regulations (13)
NY Oil Spill Act (14)
NY State Environmental Quality Review Act (SEQRA) (2)
Oil Spill Cases (6)
Press Releases (4)
Real Estate Transactions & Environmental Law (18)
Sick Building Syndrome (SBS) (5)
Superfund (CERCLA & State Superfund) (17)
Toxic Substance Control Act – TSCA (1)
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.
Abigail M. Jones, Esq. | October 3, 2011
In Litgo New Jersey, Inc. v. Martin, 2011 U.S. Dist. LEXIS 2033 (D.N.J. Jan. 7, 2011) (denying Motion for Rehearing), the sole shareholder of company (a single-purpose entity) that owned a contaminated property was found liable as a “current operator” under CERCLA § 107(a) because he had “actual control over the day-to-day operations on the [...]
Abigail M. Jones, Esq. | September 20, 2011
On June 6, 2011, the Supreme Court of the United States ended a decade of litigation when it denied a writ of certiorari (i.e., refused to review) a 2010 decision of the D.C. Circuit Court of Appeal which affirmed the trial court’s decision deny General Electric’s (“GE”) attack on the constitutionality of the U.S. Environmental [...]
Abigail M. Jones, Esq. | August 18, 2011
In DVL Inc. v. General Electric Co., 2010 U.S. Dist. LEXIS 128810 (N.D.N.Y. Dec. 6, 2010), the United States District Court for the Northern District of New York clarified what constitutes proper use of circumstantial evidence to establish “arranger”
James J. Periconi, Esq. | June 9, 2011
In City of Los Angeles v. San Pedro Boat Works, –F.3d– (9th Cir. Mar. 14, 2011), the Ninth Circuit held that the holder of a revocable permit to operate a boat works, which is a facility for repair, maintenance and rebuilding of ships and boats, is not an owner for purpose of determining who is [...]
James J. Periconi, Esq. | March 29, 2011
In a case decided earlier this month from the U.S. District for Idaho, the Court imposed arranger and operator liability on the United States based on its permitting procedures and requirements at mining operations on federal lands. Nu-West Mining Inc. v. United States, Case No.: 4:09-CV-431 (D. Idaho March 4, 2011). The subject site is [...]
James J. Periconi, Esq. | July 15, 2010
As seen in our prior posts on Niagara Mohawk v. Chevron, 596 F.3d 112, in the two appeals and remands prior to the Second Circuit’s February decision, the District Court failed to properly address Niagara Mohawk’s (NiMo’s) argument under § 113(f)(3)(B), asserting that it has a
James J. Periconi, Esq. | June 28, 2010
Our last post discussed the Second Circuit’s recent decision in Niagara Mohawk v. Chevron, 596 F.3d 112 (2d Cir. Feb 24, 2010). We left off when the District Court was about to review its prior decision in light of the Supreme Court’s decision in Cooper Industries v. Aviall Services (“Aviall”). The Aviall Court held that [...]
James J. Periconi, Esq. | June 3, 2010
The Second Circuit’s recent decision in Niagara Mohawk Power Corp v. Chevron U.S.A., Inc., 596 F.3d 112 (2d Cir. Feb 24, 2010), is a study (yet again) in the claims available to private parties to
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
How to Insure You Get the Landowner Liability Protections under Superfund Environmental Groups Denied Intervention in Suit Regarding RCRA Consent Decree James J. Periconi Named 2011 Environmental SuperLawyer DEC Did Not Act Outside of Its Authority in Promulgating Regulations that Required Cleanup of Contaminated Properties to “Pre-Disposal Conditions” under the State Inactive Hazardous Waste Disposal Site Act EPA Issues Interim Guidelines for Urban Agriculture on Brownfield Sites Owners of Automobile Repair Shop Found Strictly Liable for Petroleum Discharge under NY Oil Spill Act Sole Shareholder of Company that Owned Contaminated Site Found Liable as a “Current Operator” under CERLCA U.S. Supreme Court Refuses to Hear Attack on CERCLA’s Constitutionality