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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 [...]
Matthew Jokajtys | December 12, 2012
A federal court in New York recently decided that the migration of subterranean contamination onto a neighboring property was not, by itself, a sufficient basis to hold a neighboring landowner jointly liable for remediation costs under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).
Matthew Jokajtys | December 4, 2012
Congress enacted the Superfund Act, whose formal name is the Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA, in 1980 to promote the clean up (remediation) of properties, typically abandoned landfills or other sites, that had been contaminated by the disposal of hazardous materials. To further this goal, Congress cast a wide net and [...]
James J. Periconi, Esq. | October 3, 2011
In Litgo New Jersey, Inc. v. Martin, 2011 U.S. Dist. LEXIS 2033 (D.N.J. Jan. 7, 2011) (denying Motion for Rehearing), the sole shareholder of company (a single-purpose entity) that owned a contaminated property was found liable as a “current operator” under CERCLA § 107(a) because he had “actual control over the day-to-day operations on the [...]
James J. Periconi, Esq. | 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”
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
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 [...]
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
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
Extension of New York State Fracking Moratorium Passes State Assembly, But its Ultimate Fate is Unclear Destruction of Oil Spill Investigation Data Ruled Not Sufficiently Prejudicial to Warrant the Dismissal of a Cost Recovery Action Under Navigation Law § 12 EPA to Defend its “Proposed Plan” for Remediating the Gowanus Canal Superfund Site During Public Meetings on January 23 and 24, 2013 DEC “Incidental Take” Permit Regulations Survive Challenge “Fracking NY” Blog Series: Update – Federal Regulations 11th Circuit Decision Follows that of Niagara v. Mohawk: Under CERCLA, Parties Who Enter Into Consent Decree with Government Are Limited to a § 113(f) Contribution Claim 