Periconi, LLC Environmental Blog

EPA lists Gowanus Canal on the National Priorities List

James J. Periconi — Wed, 10 Mar 2010 16:40:56 +0000

On March 2, 2010, the EPA listed the Gowanus Canal in Brooklyn on the National Priorities List (NPL), making it a federal Superfund site. The New York State Department of Environmental Conservation urged EPA to consider (more…)

The District of Maine cites to the Supreme Court’s recent decision in Burlington Northern in an Arranger Liability Case

James J. Periconi — Mon, 01 Feb 2010 13:38:01 +0000

The District Court for the District of Maine relied on the Supreme Court’s recent decision in Burlington Northern & Santa Fe Railway Co. v. United States, No. 07-1601, –U.S.– (U.S. May 4, 2009) (“BNSF”), in denying a motion to (more…)

The Southern District of New York cites to Burlington Northern in an Apportionment Case.

James J. Periconi — Wed, 13 Jan 2010 22:11:26 +0000

In a recent decision in In Re Methyl Tertiary Butyl Ether (“MTBE”) Products Liability Litigation (“In re MTBE”), No. 00 MDL 1898, and related case City of New York v. Exxon Mobil Corporation, No. 04 Civ. 3417 (S.D.N.Y. July 14, 2009), the District Court for the Southern District of New York relied (more…)

The Supreme Court Clarifies the Requirements for “Arranger” Liability and Allocation of Liability in CERCLA Cases – Part IV.

James J. Periconi — Wed, 09 Dec 2009 15:03:52 +0000

Following our posts on the Supreme Court’s recent decision in Burlington Northern & Santa Fe Railway Co. v. United States, No. 07-1601, –U.S.– (U.S. May 4, 2009) (“BNSF”), this post will discuss implications of this decision on apportionment in Superfund cases as various commentators (including this one) see it. (more…)

The Supreme Court Clarifies the Requirements for “Arranger” Liability and Allocation of Liability in CERCLA Cases – Part III.

James J. Periconi — Sat, 14 Nov 2009 04:30:52 +0000

Following our recent posts on the Supreme Court’s decision in Burlington Northern & Santa Fe Railway Co. v. United States, No. 07-1601, –U.S.– (U.S. May 4, 2009) (”BNSF“), this post will discuss the implications of (more…)

New York State Court of Appeals Makes Significant SEQRA Standing Ruling

James J. Periconi — Wed, 28 Oct 2009 21:37:31 +0000

On October 27, 2009 the New York State Court of Appeals made the most important decision regarding standing in SEQRA cases in perhaps the last 18 years. The court ruled in Pine Bush Inc. v. Common Council of City of Albany, that standing to challenge the environmental impact of a (more…)

Burlington Northern & Santa Fe Railway Co. v. United States: The Supreme Court Clarifies the Requirements for “Arranger” Liability and Allocation of Liability in CERCLA Cases – Part II.

James J. Periconi — Mon, 31 Aug 2009 12:17:09 +0000

Burlington Northern & Santa Fe Railway Co. v. United States: The Supreme Court Clarifies the Requirements for “Arranger” Liability and Allocation of Liability in CERCLA Cases – Part II.

As discussed in our prior posting, the Supreme Court recently clarified the requirements for “arranger” liability and allocation of liability in CERCLA cases in Burlington Northern & Santa Fe Railway Co. v. United States, No. 07-1601, –U.S.– (U.S. May 4, 2009). That post set forth the facts and procedural history of the case; this post discusses the Supreme Court’s holding. (more…)

The Supreme Court Clarifies the Requirements for “Arranger” Liability and Allocation of Liability in CERCLA Cases – Part I.

James J. Periconi — Thu, 09 Jul 2009 14:38:11 +0000

Burlington Northern & Santa Fe Railway Co. v. United States: The Supreme Court Clarifies the Requirements for “Arranger” Liability and Allocation of Liability in CERCLA Cases – Part I.

The Supreme Court recently clarified the requirements for “arranger” liability and allocation of liability in CERCLA (more…)

The Western District of Washington Leaves a PRP without a Remedy, but Upholds the Broader Policy Objectives of CERCLA.

James J. Periconi — Tue, 26 May 2009 18:51:26 +0000

The Western District of Washington also recently followed the holding from the Aviall case. See Port of Tacoma v. Todd Shipyards Corp., 2009 U.S. Dist. LEXIS 5884 (W.D.Wa., January 14, 2009). The Port of Tacoma sued Todd Shipyards in a contribution action under CERCLA § 113(f) for (more…)

The Second Circuit Follows the Supreme Court’s Holdings in Atlantic Research and Cooper Industries.

James J. Periconi — Tue, 19 May 2009 19:13:14 +0000

In a recent Second Circuit decision, W.R. Grace & Co. v. Zotos International, No.: 05-cv-2798 (March 4, 2009), the Court followed two recent Supreme Court decisions on the oft-contested issue of when and under what sections of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) (the “Superfund” statute) a potentially responsible party (“PRP”) can recover (more…)