Posted By Abigail M. Jones, Esq. on November 15, 2011
As mentioned in our last NY Fracking Series post, hydraulic fracturing as a method of extracting natural gas is nothing new in New York State. But the type of high-volume horizontal hydraulic fracturing, or “fracking,” now being considered for the Marcellus Shale formation in New York is new. That’s why it has triggered a revision of the State’s environmental review of the issue and a revision to its regulations of natural gas drilling. This post will summarize the State’s recent Environmnetal Impact Study on the impacts of fracking in New York State to human health and the environment. (more…)
Category: Fracking, New York State Environmental Law |
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Tags: DEC, fracking, Marcellus Shale, NYC watershed
Posted By Abigail M. Jones, Esq. on November 7, 2011
In our last post, “Bankruptcy Does Not Discharge All Liability to Cleanup a Contaminated Site: Part I,” we discussed the background of In re Mark IV Industries, Inc., 2011 U.S. Dist. LEXIS 110595 (S.D.N.Y., Sept. 28, 2011), describing the events that led up to the filing of the lawsuit and the Bankruptcy Court’s decision. In this post, we will discuss the decision of the United States District Court for the Southern District of New York on appeal. (more…)
Category: Bankruptcy and Environmental Law |
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Tags: bankruptcy, cleanup removal, Owner or Operator Liability
Posted By Abigail M. Jones, Esq. on October 31, 2011
The United States District Court for the Southern District of New York recently confirmed that a party’s liability to clean up a contaminated property was not discharged as part of a Chapter 11 reorganization, since such liability was not a “claim” under the Bankruptcy Code. See In re Mark IV Industries, Inc., 2011 U.S. Dist. LEXIS 110595 (S.D.N.Y., Sept. 28, 2011). (more…)
Category: Bankruptcy and Environmental Law |
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Tags: bankruptcy, cleanup removal, Owner or Operator Liability
Posted By Abigail M. Jones, Esq. on October 25, 2011
Introduction to Periconi, LLC’s “Fracking NY” Blog Series
Periconi, LLC does not represent clients on any side of this, the most significant environmental controversy in New York at this time – not the companies drilling for gas, or property owners who have signed leases (some of whom now regret that they did so), or the towns where such property lies. Thus, we feel that we can express an objective voice on the controversy surrounding high-volume hydraulic fracturing, or “fracking,” in the Marcellus Shale region of New York. So to that end, we have decided to present a series of blog posts covering the issues. (more…)
Category: Fracking, New York State Environmental Law |
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Tags: DEC, fracking, Marcellus Shale, NYC watershed
Posted By Abigail M. Jones, Esq. on October 18, 2011
Urban agriculture is exploding in cities – large and small – throughout the nation. In many cities, local land use laws and zoning ordinances are being amended or drafted to support this new-found passion. But with precious “green” space in cities (and rooftops in limited supply), many urban farmers may be forced to turn to contaminated spaces, i.e., brownfields, for their farming needs. But can these farmers ensure that these brownfield spaces are clean enough; how clean should soil be to be clean for farming? (more…)
Category: Brownfields Cleanup |
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Tags: brownfields cleanup, EPA, property, urban agriculture
Posted By Abigail M. Jones, Esq. on October 11, 2011
If you’re familiar with the harsh reality of property owner liability under the New York State Navigation Law’s Oil Spill Act, this headline shouldn’t raise any eyebrows. However, the holding of State of New York v. C.J. Burth Services, Inc., 79 A.D.3d 1298, 915 N.Y.S.2d 174 (N.Y. App. 3rd Dep’t 2010), once again confirms the Draconian nature of strict liability for property owners in Spill Act cases. (more…)
Category: New York Navigation Law, New York State Environmental Law, NY Oil Spill Act |
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Tags: DEC, New York State Department of Environmental Conservation, ny navigation law, ny oil spill act, petroleum discharge, strict liability
Posted By Abigail M. Jones, Esq. on 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 [property], including oversight and control over remedial activities carried out by [environmental remediation companies].” (more…)
Category: Federal Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: CERCLA, Owner or Operator Liability, potentially responsible party, PRP
Posted By Abigail M. Jones, Esq. on 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 Protection Agency’s (“EPA”) authority to issue Unilateral Administrative Orders (“UAOs”) under section 106 of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”). (more…)
Category: Federal Environmental Law, Superfund (CERCLA & State Superfund) |
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Tags: CERCLA, environmental litigation, EPA, US Constitution, us supreme court
Posted By Abigail M. Jones, Esq. on September 13, 2011
The DEC reported that it received 46 Brownfields Cleanup Program (“BCP”) applications during 2010-2011, an increase of 15% from the previous year. DEC approved 38 of those applications, up from 26 from the year before. This is good news both for developers and property owners, as well as for our communities and the environment. (more…)
Category: Brownfields Cleanup, New York State Environmental Law |
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Tags: Brownfield Cleanup program, New York State Department of Environmental Conservation, NYSDEC
Posted By Abigail M. Jones, Esq. on September 7, 2011
The Second Circuit Court of Appeals threw out two claims under RCRA for failure to specify the specific contaminants alleged to cause the complained-of harm in the Notice of Intent to Sue. (more…)
Category: Federal Environmental Law, Resource Conservation and Recovery Act - RCRA |
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Tags: citizen suit, contaminant, disposal, hazardous waste, RCRA
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