Matthew Jokajtys | May 16, 2013
Municipalities in New York have received the green light to regulate fracking – even to the point of banning it – through local zoning ordinances. It’s a second consecutive victory for municipalities in the New York courts, and an affirmation of New York’s long history of vesting decision making powers in local governments through Home [...]
Matthew Jokajtys | April 30, 2013
EPA has just extended to tenants the Bona Fide Prospective Purchaser (“BFPP”) protection, by which Congress previously exempted certain prospective owners from harsh Superfund liability. Even where the landlord loses its BFPP protection, the new EPA enforcement guidance memo allows tenants to hold onto it, assuming the tenant can meet certain requirements. Traditionally, a tenant derived [...]
Matthew Jokajtys | January 21, 2013
How do you clean up something as big and messy as the Gowanus Canal? On January 23-24, 2013, the United States Environmental Protection Agency will explain and defend its December 27, 2012, “Proposed Plan” for remediating the Gowanus Canal Superfund Site in Brooklyn, NY. The Proposed Plan formally identifies EPA’s “preferred remedy” for the pollution [...]
James J. Periconi, Esq. | 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.
James J. Periconi, Esq. | April 10, 2008
1. Disclosure of outstanding notices or basis for notices is important to a continuing business: “Seller has not received written or oral notification that any of its current or past operations or a by–product thereof is related to
James J. Periconi, Esq. | March 10, 2008
Environmental Requirements: Traditionally the term used is “Environmental Law,” but “Requirements” is more accurate as the definition goes beyond statutes and regulations.