Periconi, LLC Environmental Law Blog

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…

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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…)

Category: Brownfields Cleanup, New York State Environmental Law | No Comments »
Tags: "But For" Test, Brownfield Cleanup program, brownfields cleanup, coal gasification plant, New York State Department of Environmental Conservation, NYSDEC

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…)

Category: Superfund (CERCLA & State Superfund) | No Comments »
Tags: CERCLA, New York State Department of Environmental Conservation, PRP, superfund

Posted By James J. Periconi, Esq. on 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 a private party could only maintain a § 113(f)(1) action for contribution if it has first been sued itself judicially under §§ 106 or 107.  After the Second Circuit remanded the case for a ruling consistent with Aviall, NiMo had to concede that it could not (more…)

Category: Superfund (CERCLA & State Superfund) | No Comments »
Tags: CERCLA, DEC, EPA, New York State Department of Environmental Conservation, potentially responsible party, PRP, superfund

Posted By James J. Periconi, Esq. on June 5, 2010

James Periconi describes the kinds of environmental criminal charges that Attorney General Holder’s investigation may result in, for example, release of pollutants dangerous to the environment (Clean Water Act), and the negligent if not knowing endangerment of the lives of the workers aboard the Deepwater Horizon rig that led to the deaths of 11 workers.

(more…)

Category: Environmental Law Video, Media Appearances, Oil Spill Cases | No Comments »
Tags: attorney general eric holder investigation, crime victims rights act, deepwater horizon drilling rig, environmental criminal charges, james periconi media appearance

Posted By James J. Periconi, Esq. on 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 (more…)

Category: Superfund (CERCLA & State Superfund) | No Comments »
Tags: CERCLA, chevron, New York State Department of Environmental Conservation, niagra mohawk, potentially responsible party, private parties, PRP, recover cost, superfund

Posted By James J. Periconi, Esq. on 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 (more…)

Category: Federal Environmental Law, Oil Spill Cases, Superfund (CERCLA & State Superfund) | No Comments »
Tags: deepwater horizon, drilling rig, gowanus canal, gulf of mexico, newtown creek, oil spill

Posted By James J. Periconi, Esq. on April 12, 2010

The First Department, in the Matter of East River Realty v. N.Y. State Department of Environmental Conservation, 2009 NY Slip Op 9381 (N.Y. App. Div., 1st Dep’t 2009), recently upheld a Supreme Court ruling that the New York State Department of Environmental Conservation (“NYSDEC”) cannot use a “but-for” test in determining (more…)

Category: Brownfields Cleanup | No Comments »
Tags: "But For" Test, Brownfield Cleanup program, brownfields cleanup, BRP, East River, New York State Department of Environmental Conservation

Posted By James J. Periconi, Esq. on March 31, 2010

Continuing with our prior post, this post discusses the Court of Appeal’s ruling in In the Matter of Lighthouse Pointe Property Associates, LLC v. New York State Department of Environmental Conservation,  2010 NY Slip Op 1377,  2010 N.Y. LEXIS 35, (Ct. App. Feb. 18, 2010), and the implications of that decision.

Court of Appeals’ Decision

First, the Court struck down the Appellate Division’s ruling that the DEC is to be given deference in interpreting the Brownfield Cleanup Act.  The Court reasoned that, (more…)

Category: Brownfields Cleanup | No Comments »
Tags: brownfield cleanup program eligibility, DEC, lighthouse pointe, ny court of appeals

Posted By James J. Periconi, Esq. on March 30, 2010

On February 18, 2010, New York’s highest court overturned the DEC’s denial of an upstate New York development’s application for admission into the State’s Brownfield Cleanup Program (“BCP” or “Program”).  In the Matter of Lighthouse Pointe Property Associates, LLC v. (more…)

Category: Brownfields Cleanup | No Comments »
Tags: Ambient Water Quality Standards, BCA, BCP, brownfields cleanup, Brownfields Cleanup Act, DEC, hazardous waste disposal, lighthouse pointe, New York State Court of Appeals, remediate