Periconi, LLC Environmental Law Blog

Matthew Jokajtys | March 7, 2013

Does the destruction of plaintiff’s technical data supporting disclosed oil spill investigation reports get a defendant off the hook?  Apparently not, decided the Appellate Division (Third Dept.) in a November 2012 decision, rejecting a defense motion to reverse a plaintiff’s trial verdict. Defendants had received the reports themselves, without the backup technical data, but had [...]

Category: Environmental Contamination & General Liability in New York, New York Navigation Law, Oil Spill Cases | No Comments »
Tags: DEC, environmental, environmental requirements, New York State Department of Environmental Conservation, ny navigation law, petroleum discharge, remediation

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

Category: New York Navigation Law, New York State Environmental Law, NY Oil Spill Act | No Comments »
Tags: DEC, New York State Department of Environmental Conservation, ny navigation law, ny oil spill act, petroleum discharge, strict liability

James J. Periconi, Esq. | January 9, 2007

1. Any person who has discharged petroleum shall be strictly liable, without regard to fault, for all cleanup and removal costs and all direct and indirect damages, no matter by whom sustained, as defined in this section. In addition to cleanup and removal costs and damages, any such person who is notified of such release [...]

Category: New York Navigation Law, New York State Environmental Law, NY Environmental Statutes, Codes, Regulations, NY Oil Spill Act | No Comments »
Tags: direct damages, discharged petroleum, indirect damages, ny navigation law, ny oil spill act, personal property damage, real property damage, strict liability, strictly liable

James J. Periconi, Esq. | December 3, 2006

N.Y. Navigation Law Sec. 172. Definitions Sections 1 – 6a Unless the context clearly indicates otherwise, the following terms shall have the following meanings:

Category: New York Navigation Law, New York State Environmental Law, NY Environmental Statutes, Codes, Regulations, NY Oil Spill Act | No Comments »
Tags: biological additives, environmental protection, enzymes, microbiological cultures, ny navigation law, petroleum discharge

James J. Periconi, Esq. | December 3, 2006

New York’s Oil Spill Act, Article 12 of the New York Navigation Law, assigns strict liability to any person who has discharged petroleum, for all

Category: New York Navigation Law, NY Environmental Statutes, Codes, Regulations, NY Oil Spill Act | No Comments »
Tags: cost recovery action, discharged petroleum, ny navigation law, ny oil spill act