James J. Periconi

Managing Principal
Owner
Location:
New York, New York
Phone:
646-733-4487
Fax:
212-448-0066
Email:

Mr. Periconi focuses on both litigation and regulatory matters. He has had substantial experience representing clients both in governmental actions brought for remediation of Superfund and other contaminated sites and in private cost recovery actions. Mr. Periconi has twice been appointed a federal court Special Master in Clean Water Act cases and often acts as an expert witness in environmental law in federal and state actions, most recently in a half-billion dollar environmental insurance coverage case.

From 1987 through 1989, Mr. Periconi served as Chief of the Solid and Hazardous Waste Enforcement Bureau of the New York State Department of Environmental Conservation. During his tenure there, he oversaw the nation's largest and most complex state Superfund program.

From 1982 to 1987, Mr. Periconi was an Assistant Attorney General in the Environmental Protection Bureau of the New York State Department of Law, where, among other matters, he prosecuted the first hazardous waste felony jury trial to corporate and individual convictions in New York, and sued the United States Environmental Protection Agency in one of the earliest "acid rain" cases. He served as an Assistant District Attorney in the New York County District Attorney's Office from 1977 to 1980.

Before founding Periconi, LLC in 2003, Mr. Periconi headed or co-headed the environmental law practice at several medium and large New York general practice law firms.

Mr. Periconi, who is admitted to practice in the United States Courts of Appeal for the Second, Third and Sixth Circuits, as well as all federal district courts in New York, was chair of the Environmental Law Section of the New York State Bar Association in 2003-2004. Mr. Periconi was the Chairman of the Board of INFORM, Inc., a New York-based national environmental organization, from 2004-2006. 

Mr. Periconi is the author of numerous articles, including “Environmental Due Diligence in Real Estate Transactions”, which appeared in Bloomberg Corporate Law Journal (Vol. 3, #1) (2008); co-author, with Matthew R. Jokajtys, of “Shining Some Light Back on the Dark Ages: New York States’s Early Environmental Law and Its Implications for Today’s Environmental Insurance Coverage Disputes”, which appeared in Environmental Claims Journal, 26:4, 287-300 (2014); he is co-author of "CERCLA 'Passive' Disposal Through Migration: Still Alive and Kicking," which appeared in the Toxics Law Reporter and the Environment Reporter (BNA, 2001), and with David Nelson, "The Precedent Setting Use of a Pollution Prevention Project in An EPA Enforcement Settlement: The First Dollar-For-Dollar Penalty Offset," which appeared in the same publications in 1994. A frequent lecturer on environmental law topics, he is a primary co-author of Environmental Law and Regulation in New York (West, 1996), a part of West's award-winning New York Practice series.

Mr. Periconi is a graduate of Regis High School (New York), Columbia University (B.A., 1970). In 1972, as a Danforth Graduate Fellow, he received an M.A. in English and Comparative Literature from the University of Virginia. He received his law degree from New York University in 1977.

Areas of Practice

  • Litigation: Administrative and Judicial
  • Cleanup & Superfund
  • Brownfields Development
  • Hazardous Waste
  • Permits
  • Regulatory Compliance & Auditing
  • Solid Waste
  • Water Pollution
  • Wetlands

Bar Admissions

  • New York, 1978
  • U.S. District Court Northern District of New York
  • U.S. District Court Southern District of New York
  • U.S. District Court Western District of New York
  • U.S. District Court Eastern District of New York
  • U.S. Court of Appeals 6th Circuit, 1983
  • U.S. Court of Appeals 2nd Circuit, 1984
  • U.S. Court of Appeals 3rd Circuit, 1995

Education

  • New York University School of Law, New York, New York
    • J.D. - 1977
  • University of Virginia, Charlottesville, Virginia
    • M.A. - 1972
    • Major: English and Comparative Literature
  • Columbia College, New York, New York
    • B.A. - 1970
    • Honors: Dean's List for four years
    • Honors: Danforth Graduate Fellow (1970-1973)
    • Major: English Literature

Classes/Seminars

  • Mr. Periconi's " Environmental Due Diligence in Commercial Real Estate Transactions", is a Continuing Legal Education program for credit given 5 or more times per year for the last decade.

Honors and Awards

  • New York Super Lawyers - Metro Edition, 2010 - 2017
  • New York Super Lawyers Business Edition, 2011 - 2017
  • Special Master, Woods, et al. v. City of New York (E.D.N.Y.), 1993
  • Special Master, New York Coastal Fisherman's Association v. New York City Dept. of Sanitation, et al. (S.D.N.Y.), 1992 - 1996
  • Martindale-Hubbell "AV" rated, 1994-present
  • Who's Who Legal: The International Who's Who of Business Lawyers (Environmental), 2010 - 2017

Professional Associations and Memberships

  • New York State Bar Association, Member, 1989 - Present
  • New York State Bar Association, Chair, Environmental Law Section, 2003 - 2004
  • New York Bar Foundation, Life Member, 2003 - Present
  • American Bar Association, Member, 1991 - Present

Past Employment Positions

  • New York County District Attorney's Office, Assistant District Attorney, 1977 - 1980
  • New York State Department of Law, Environmental Protection Bureau, Assistant Attorney General, 1982 - 1987
  • New York State Department of Environmental Conservation, Chief, Solid and Hazardous Waste Enforcement Bureau, 1987-1989