Periconi, LLC

New York Environmental Law Blog

NYSDEC Will Use Discretion in Enforcing Revamped Solid Waste Regulations

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Sometimes, administrative agencies listen when people voice their concerns about new regulations. In September 2017, the Department of Environmental Conservation ("DEC") completely revamped the State's solid waste regulations, in an effort to make it easier for regulated entities to understand the rules they must comply with. We covered some of the major changes to the Revised Solid Waste Regulations in a previous blog post.

New York Federal Court Holds Consent Order Fails to Resolve CERCLA Liability, Allows Cost Recovery Action Under Section 107

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Consent orders can be a useful tool to resolve liability under the federal Superfund Law (a/k/a CERCLA) (read our recent blog post on this very point). In a recent case filed in the Northern District of New York, plaintiffs, Cooper Crouse-Hinds ("CCH") and Cooper Industries ("CI"), sought reimbursement of cleanup costs against the City of Syracuse and Onondaga County for those municipalities' involvement in dumping hazardous substances at two local landfills. Cooper Crouse-Hinds, LLC v. City of Syracuse, No. 16-CV-1201, 2018 U.S. Dist. LEXIS 22100 (N.D.N.Y. Feb. 12, 2018). Both the City of Syracuse and Onondaga County moved to dismiss the lawsuit claiming that prior consent orders entered between CCH and CI with the New York State Department of Environmental Conservation ("DEC") resolved plaintiffs CERCLA liability years ago and, thus, they were time-barred from seeking reimbursement from the municipalities; the court disagreed.

Environmental Organizations Challenge DEC's Statewide Permit for Industrial Facilities

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Does everyone agree that the New York State Department of Environmental Conservation ("DEC") is properly doing its job of protecting the environment in the state? Apparently not.

What Tenants Need to Know about Indoor Air Contamination Associated with Soil Vapor Intrusion

2018 05 11 SVI Tenant Notification Blog Image_rev.jpgIn September 2008, then Governor David A. Paterson signed legislation adding a new section to the Environmental Conservation Law (ECL 27-2405) requiring property owners or owners' agents (such as management companies) to notify tenants of any test results related to indoor air contamination associated with soil vapor intrusion (SVI) that they receive. A caveat: owners only have to disclose those test results received by them from certain parties ("issuers") who are mostly private owners, including municipalities, which were required to generate the test data under a consent order or similar administrative order. The law took effect in December 2008.

The Power of a Consent Order and a Consent Decree

2018 04 18 Consent Order Consent Decree Blog Image.jpegHow valuable is a consent order or a consent decree, and what is the difference?

First, the basics: a consent order is typically an administrative agency contract with a private party, but is not filed in a court as part of a litigation. Despite not being filed in a court, it is a binding, enforceable contract, and the penalties for failing to comply with all its terms are very real. A consent decree is, on the other hand, filed in a federal or state court as the whole or partial settlement of a litigation.

Statute of Limitations Prevents Long Island Homeowners from Recovering Damages from Environmental Contamination

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What could be more frustrating than learning that your property has been damaged from contamination, but you can't recover any money because you didn't start legal action soon enough? That's what happened to 100 homeowners in a hamlet of Bay Shore who claimed injuries to their property from contamination allegedly coming from the site of a former manufactured gas plant and from the remediation work conducted by the defendant corporations.

Brooklyn Bridge Park Development Moving Forward After Dismissal of Lawsuit About Environmental Review

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Providing affordable housing and protecting the environment are important considerations in many New York City real estate projects that (at first blush) seem to be incompatible with one another - how can a developer balance the two?

Cuomo to DEC: Do More to Protect Long Island's Groundwater from Compost Facilities

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In many parts of the country, access to clean, drinkable water has become a privilege instead of a right. That's why protecting existing sources of potable water is a top priority for all.

The Highs and Lows of New York's Proposed Budget on Environmental Programs

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The details of Governor Cuomo's $168 billion proposed budget for Fiscal Year (FY) 2019, which begins on April 1, 2018, and makes projections from FY 2018 through FY 2022, were released in January. As the State is facing a potential budget deficit nearing $4 billion, the Governor is keying important tax law changes that everyone should be aware, especially on environmental programs.

So there's good news and bad news...

DEC Adopts Sweeping Regulations For Dry Cleaning Industry

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

Yesterday, the New York State Department of Environmental Conservation (DEC) issued sweeping regulations that will undoubtedly affect dry cleaners across the state. Business owners and managers must become familiar with these new regulations that will impose significant financial a burden on some dry-cleaning businesses.

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