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Posted By Abigail M. Jones, Esq. on 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” (more…)
Posted By James J. Periconi, Esq. on 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 a PRP under CERCLA. (more…)
Posted By James J. Periconi, Esq. on 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 located in the Caribou National Forest in Idaho where there are four phosphate mines. (more…)
Posted By James J. Periconi, Esq. on March 15, 2011
The New York State Department of Environmental Conservation (“DEC”) recently proposed amending its Short and Long Environmental Assessment Forms (“EAFs”), and is accepting public comment on the revised forms through April 8, 2011. These forms are used in the environmental review process that is required under the State Environmental Quality Review Act (“SEQRA”), ECL §§ 8-0101 et seq., for any state action, which includes approval of project permits. The project sponsor and the lead agency undertaking the environmental review will complete an EAF (either long or short depending on the proposed action) to determine whether a full environmental review is warranted, that is, whether the applicant will need to prepare an environmental impact statement (EIS). (more…)
Posted By James J. Periconi, Esq. on November 29, 2010
The Second Circuit recently ruled that the District Court for the Southern District of New York properly issued a preliminary injunction banning the City of New York (“City”) from enforcing its new “lease cap” rules with regard to the maximum lease rates for taxi cabs. See Metropolitan Taxicab Board of Trade v. City of New York, (more…)
Posted By Jessica G. Robles on November 15, 2010
New York, NY (PRWEB) October 21, 2010
Periconi, LLC founder James Periconi, newly elected President of New York Chapter of the International Network of Boutique Law Firms, is also named Superlawyer (Metro NY) in Environmental Law. (more…)
Posted By James J. Periconi, Esq. on November 12, 2010
We’ve just launched a new page on our website, www.periconi.com, to bring together for the first time a comprehensive list of the wide variety of situations in which we’ve received attorney referrals over the years.
The purpose of this page is to highlight the many different circumstances in which you are doing the best thing for your clients by referring an environmental law problem – or the environmental law portion of a larger task, such as a deal to buy or sell commercial or industrial property (more…)
Posted By Jessica G. Robles on November 4, 2010
New York, NY (PRWEB) November 4, 2010
Periconi, LLC founder James Periconi, newly elected President of New York Chapter of the International Network of Boutique Law Firms, Superlawyer (Metro New York area) in environmental law, also named to Who’s Who Legal, The International Who’s Who of Business Lawyers for the last two years, returns from Toronto annual meeting of INBLF…
Posted By James J. Periconi, Esq. on October 8, 2010
Late last year, the First Department, in the Matter of East River Realty v. N.Y. State Department of Environmental Conservation, 2009 NY Slip Op 9381, 68 A.D.3d 564 (N.Y. App. Div., 1st Dep’t Dec. 17, 2009), upheld a Supreme Court ruling that the New York State Department of Environmental Conservation (“NYSDEC”) cannot use a “but-for” test in determining eligibility into its Brownfield program. We reported on the Supreme Court’s decision in a prior post, and refer you there for a recitation of the relevant facts and reasoning of the Supreme Court.
The properties involved here are three blocks on the east side of Manhattan, one a former coal gasification plant, another a former electric generating facility and the last a former fuel terminal. The dispute between the applicant (East River) and NYSDEC stems from (more…)
Posted By James J. Periconi, Esq. on 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 (more…)
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