Periconi, LLC

Posts tagged "Groundwater"

Federal Court Rules That Rensselaer Pond Is Not A "Water Of The United States" And Thus 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.

Outdoor sources of Indoor Air Contaminants

Pollen, dust, fungi, industrial pollutants, and general vehicle exhaust are common outdoor sources of indoor air pollution. Other sources include exhaust from vehicles on nearby roads or in parking lots or garages, loading docks, odors from dumpsters, unsanitary debris near outdoor air intakes, and cigarette smoke from office workers now required in most cities to take their cigarette breaks outside of building entrances. Another source is exhaust from the building itself or from neighboring buildings that is re-entrained, or drawn back into the building.

No Hazardous Substances

This most common of representations and warranties is most often abused. Buyer or tender may initially want a flat representation that there are not now and never have been any Hazardous Materials on the premises or any operations that generate, use, treat, store, or dispose of Hazardous Materials. Difficulties that immediately arise include the length of time this representation will reach back, the de minimis without a qualifier based on the best knowledge. 

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