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Lawyer & Attorney ReferralsTerm Definition: Environmental Damages
Posted By James J. Periconi, Esq. on March 25, 2008
Environmental Damages: This definition is a convenient place to collect all the possible liabilities and damages arising from the presence of hazardous materials on the property in violation of, or requiring remediation under, any Environmental Requirements. It can then be used in the indemnity and cost sharing provisions.
a. The typical damages and liabilities included would be responsibility for remedial actions, personal injury and property damage, fees of counsel, experts and consultants, liabilities to third persons or governmental agencies.
b. Issues to be addressed include whether the definition should include settlement of a claim, damages to natural resources, consequential damages such as lost profits or business opportunity costs, occupational injury or illness, loss of the ability to dedicate a property to its highest and best use, far of cancer, diminution in property value, penalties and interest, and other possible damages.
About the author
James J. Periconi, Esq.
James Periconi’s practice focuses almost equally on commercial property transaction counseling, on environmental regulatory matters in the U.S. Environmental Protection Agency and the New York State Department of Environmental Conservation (DEC), and on environmental litigation in the federal and state courts. A former Chief of Solid and Hazardous Waste Enforcement for the State DEC and an Assistant New York Attorney General prosecuting civil and criminal environmental cases, he has in private practice since 1989 had substantial experience representing defendants in governmental actions brought for remediation of Superfund and other contaminated sites, and for prosecution and defense of private cost recovery actions for such sites.
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