Periconi, LLC Environmental Law Blog

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. | May 31, 2012

Since the Second Circuit Court of Appeals decided Niagara Mohawk Power Corp v. Chevron U.S.A., Inc., 596 F.3d 112 (2d Cir. 2010), a number of other Circuits have followed the Second Circuit’s holding that parties who enter into a consent decree with the U.S. Environmental Protection Agency (“EPA”) following an EPA enforcement action and then [...]

Category: Environmental Contamination & General Liability in New York, Superfund (CERCLA & State Superfund) | No Comments »
Tags: CERCLA, contribution action, cost recovery action, State Superfund, superfund

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