In 2011, founder and principal James Periconi was named a Superlawyer in Environmental Law for the second year in a row!________Super Lawyers is an independent rating service of outstanding lawyers from more than 70 practice areas who have...
Month: December 2011
DEC Did Not Act Outside of Its Authority in Promulgating Regulations that Required Cleanup of Contaminated Properties to “Pre-Disposal Conditions” under the State Inactive Hazardous Waste Disposal Site Act
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...
Generalized Community Knowledge Does Not Trump Expert Conclusions
The Appellate Division of New York State Supreme Court, Third Department, upheld a lower court decision that it was improper for a local planning board to deny a special use permit based on "generalized community knowledge" in opposition to a development proposal,...
“Fracking NY” Blog Series: Part 4 – Summary of Federal Regulations
So far in our blog series on "Fracking NY," we've presented a general background of the issues, a summary of the New York State Department of Environmental Conservation's ("DEC") Draft Revised SGEIS on fracking, and a summary of the DEC's proposed regulations for...
“Fracking NY” Blog Series: Update – DEC Extends Public Comment Period
On December 1, 2011, the New York State Department of Environmental Conservation ("DEC") announced that it is extending the public comment period on its environmental impact study of high-volume horizontal hydraulic fracturing, or "fracking."The public comment period...
