Periconi, LLC

New York Environmental Law Blog

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? order)?

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.

Site Remediation Controls- Engineering Controls vs. Institutional Controls

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How many techniques and tools can you use to remediate a contaminated site? Too many to list in one blog post.

New York State Aims to Make Communities "Climate Smart"

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Have you ever considered purchasing an electric vehicle (EV) but were discouraged by the fact that you wouldn't know where to charge it? Would you reconsider purchasing an EV if your town had readily-available charging stations?

Not All Professionals Are Created Equal - Picking the Right Team is Essential for Your Remediation Project

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So, you're ready to investigate, cleanup or develop a contaminated property, and would like to enter one of New York State Department of Environmental Conservation's (DEC) programs that may entitle you to liability protection or tax credits. Now you ask, "who do I need to hire to plan this work?" Do you need an architect, engineer, environmental consultant? All or none of the above? The simple truth is that navigating the technical world of site remediation can be challenging and confusing.

Recent Court Decision Provides More Clarity to Environmental Quality Standards

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Environmental requirements are complex and confusing - New York's Environmental Quality Review Act (SEQRA) is certainly no exception. Sometimes, however, our courts can shed some light and clarify issues when it comes to complying with complex environmental rules.

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