Periconi, LLC Environmental Law Blog

James J. Periconi, Esq. | 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” [...]

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

James J. Periconi, Esq. | 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

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

James J. Periconi, Esq. | 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 [...]

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

James J. Periconi, Esq. | 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

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

James J. Periconi, Esq. | 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

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

James J. Periconi, Esq. | March 10, 2010

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

Category: Environmental Contamination & General Liability in New York, Federal Environmental Law, Superfund (CERCLA & State Superfund) | No Comments »
Tags: gowanus canal, industrial waterway, National Priorities List, New York State Department of Environmental Conservation, NPL, potentially responsible party, PRP

James J. Periconi, Esq. | May 19, 2009

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 [...]

Category: Federal Environmental Law, New York State Environmental Law, Superfund (CERCLA & State Superfund) | No Comments »
Tags: CERCLA, Comprehensive Environmental Response Compensation and Liability Act, DEC, hazardous waste, New York State Department of Environmental Conservation, NYSDEC, organic compounds, potentially responsible party, PRP, remediated, remediation, Second Circuit, us supreme court, W.R.Grace

James J. Periconi, Esq. | December 8, 2008

In following our previous post concerning judicial review of DEC decisions to deny proposed developments entry into the Brownfield Cleanup Program, we discuss the New York County Supreme Court decision of

Category: Brownfields Cleanup | No Comments »
Tags: BCP, Brownfield Cleanup program, DEC, New York State Department of Environmental Conservation, remediation

James J. Periconi, Esq. | September 28, 2008

So, who is responsible for mitigating this soil vapor intrusion?  The New York State Department of Environmental Conservation (DEC) describes the conditions under which the state will conduct the vapor intrusion evaluations and the order in which the sites will be assessed.   If exposures represent a concern due to indoor sources, then the state will [...]

Category: Air Pollution - Soil Vapor Intrusion, Indoor Air Quality (IAQ) | No Comments »
Tags: cracks in building foundations, DEC, Department of Health, DOH, mitigation, New York State Department of Environmental Conservation, outdoor source, soil vapor intrusion

James J. Periconi, Esq. | September 21, 2008

Today we continue our discussion on soil vapor intrusion.  Some states like New York have developed detailed vapor intrusion guidance of their own.  New York’s guidance explicitly raises concerns about reliance on modeling and exterior soil vapor screening and encourages indoor and sub-slab sampling where there is a reason to believe that vapor intrusion may [...]

Category: Air Pollution - Soil Vapor Intrusion, Indoor Air Quality (IAQ) | No Comments »
Tags: DEC, Department of Health, DOH, exterior soil vapor, New York State Department of Environmental Conservation, soil vapor intrusion, sub-slab sampling