Periconi, LLC

November 2017 Archives

Federal Court Says Lay Person Should Not Opine On Subsurface Movement Of Groundwater; Rules That Rensselaer Pond Is Not A "Water Of The United States" And Not Subject To The Clean Water Act

Why is it important to hire experts, even on things that seem rather obvious? When it comes to litigation, lay persons should not rely on their own observations and beliefs when it comes to scientific or technical matters that experts should address. The Zdziebloskis learned this the hard way when they unsuccessfully attempted to convince a New York federal court about the underground seepage of pond water from their property.

Supreme Court May Determine When Tenants Are Subject to "Ownership Liability" Under CERCLA

When is a tenant liable as an owner under the federal Superfund law (aka CERCLA)?

New York Proposes New Perchloroethylene (PERC) Regulations For Dry Cleaners

Major changes are coming to the dry cleaning industry in New York.

Contract Terms Have Specific, Carefully Defined Meanings, and are Not Ambiguous, and so Extrinsic and Parol Evidence to be Excluded, and Buyer of Kalamazoo Coating Resin Business Must Remediate Site

A recent federal case in New York was a reminder that in contract litigation, the parties should be careful what they claim about how "unambiguous" a contract provision assigning environmental liabilities, as elsewhere, and that in contract drafting, even apparently simple phrases have certain meanings and not others. The indirect lesson is that business people should not assume that environmental and real estate lawyers' insistence on the use of very specific terms in contracts is more academic than practical and serves no useful purpose. Indeed, the care with which such terms were defined and used provided the winning margin for Cytec Industries (Cytec).

Insurance pollution exclusion: entire pollution claim denied under exclusion, even if one of the sources of contamination was eligible for coverage

Does a pollution exclusion clause that bars coverage under an indemnification provision in an insurance policy as to one of the sources of contamination also bar coverage that should apply to another source of the same contamination that is not by itself excluded from coverage under that exclusion?

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