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

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 [...]

Category: Federal Environmental Law, Superfund (CERCLA & State Superfund) | No Comments »
Tags: CERCLA, CERClA liability, cleanup removal, contaminant, DEC, environmental, hazardous materials, hazardous waste, potentially responsible party, PRP, remediation, superfund

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”).

Category: Environmental Due Diligence, Environmental Risk & Insurance, Federal Environmental Law, Real Estate Transactions & Environmental Law, Superfund (CERCLA & State Superfund) | No Comments »
Tags: CERCLA, CERClA liability, environmental, environmental site assessment, EPA, groundwater contamination, hazardous materials, hazardous waste, New York State Department of Environmental Conservation, potentially responsible party, PRP, real estate transaction, remediation, strict liability, superfund

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 [...]

Category: Environmental Due Diligence, Federal Environmental Law, Oil Spill Cases, Real Estate Transactions & Environmental Law, Superfund (CERCLA & State Superfund) | No Comments »
Tags: CERCLA, CERClA liability, cleanup removal, cost recovery action, disposal, environmental, environmental requirements, environmental site assessment, EPA, groundwater contamination, hazardous materials, hazardous waste, potentially responsible party, PRP, remediation, strict liability, superfund, us supreme court

James J. Periconi, Esq. | December 28, 2011

The Court of Appeals of New York recently held that the New York State Department of Environmental Conservation (“DEC”) did not exceed its authority or act contrary to state law in enacting certain regulations with respect to remedial programs implemented to clean inactive hazardous waste disposal sites.

Category: Brownfields Cleanup, Environmental Contamination & General Liability in New York, New York State Environmental Law, NY Environmental Statutes, Codes, Regulations | No Comments »
Tags: BCP, Brownfield Cleanup program, cleanup removal, disposal, hazardous materials, NYSDEC, remediation

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. | May 8, 2009

On February 10, 2009, the Appellate Division, Third Department, upheld a jury award of $6,325,000 in penalties against three defendants – property owner, gas supplier and station operator

Category: Oil Spill Cases | No Comments »
Tags: Appellate Division, gas supplier, remediation, Third Department, underground storage tanks, UST

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. | 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.

Category: Environmental Due Diligence, Federal Environmental Law, Real Estate Transactions & Environmental Law | No Comments »
Tags: CERCLA, commercial, contaminant, discharge, disposal, environmental requirements, governmental authority, hazardous materials, pollutant, real estate transaction, remediation, substance

James J. Periconi, Esq. | March 2, 2008

A. Representations: a statement of fact to induce another party to enter into a contract. B.  Warranty: a promise that the statement is true; intended to relieve the promise (Buyer) from having to determine if the facts are true. * Practice Tip: Representations and warranties are not a substitute for including,

Category: Environmental Due Diligence, Real Estate Transactions & Environmental Law | No Comments »
Tags: contract provisions, covenant, environmental, government, indemnity, no further action letters, remediation, warranty