The Second Circuit recently ruled that the District Court for the Southern District of New York properly issued a preliminary injunction banning the City of New York ("City") from enforcing its new "lease cap" rules with regard to the maximum lease rates for taxi...
Year: 2010
Newly Elected INBLF New York Chapter President, James J. Periconi, is also a 2010 New York Metro Superlawyer in Environmental Law
New York, NY (PRWEB) October 21, 2010 founder James Periconi, newly elected President of New York Chapter of the International Network of Boutique Law Firms, is also named Superlawyer (Metro NY) in Environmental Law.Well-known environmental...
James J. Periconi, Environmental Lawyer, is Named to Who’s Who of Business Lawyers for the 2nd Year in a Row
New York, NY (PRWEB) November 4, 2010 founder James Periconi, newly elected President of New York Chapter of the International Network of Boutique Law Firms, Superlawyer (Metro New York area) in environmental law, also named to Who's Who...
Update on Brownfields Program Eligibility: The First Department Upholds the Supreme Court’s Rejection of DEC’s Use of a “But-For” Test
Late last year, the First Department, in the Matter of East River Realty v. N.Y. State Department of Environmental Conservation, 2009 NY Slip Op 9381, 68 A.D.3d 564 (N.Y. App. Div., 1st Dep't Dec. 17, 2009), upheld a Supreme Court ruling that the New York State...
The Second Circuit decides another CERCLA contribution case in Niagara Mohawk v. Chevron (Part III)
As seen in our prior posts on Niagara Mohawk v. Chevron, 596 F.3d 112, in the two appeals and remands prior to the Second Circuit's February decision, the District Court failed to properly address Niagara Mohawk's (NiMo's) argument under § 113(f)(3)(B), asserting...
The Second Circuit decides another CERCLA contribution case in Niagara Mohawk v. Chevron (Part II)
Our last post discussed the Second Circuit's recent decision in Niagara Mohawk v. Chevron, 596 F.3d 112 (2d Cir. Feb 24, 2010). We left off when the District Court was about to review its prior decision in light of the Supreme Court's decision in Cooper Industries v....
Attorney General Eric Holder Announces Investigation into the Deepwater Horizon Drilling Rig Gulf Coast Oil Spill
James Periconi describes the kinds of environmental criminal charges that Attorney General Holder's investigation may result in, for example, release of pollutants dangerous to the environment (Clean Water Act), and the negligent if not knowing endangerment of the...
How do the terrible Gulf oil spill & two contaminated New York waterways compare?
I'm speaking about the Gulf of Mexico oil crisis that began in late April, of course. Few environmental catastrophes have shocked the nation more than the huge, continuing, unremitting flow of many thousands of gallons per hour of oil for seemingly an interminable...
The First Department Upholds the Supreme Court’s Rejection of DEC’s Use of a “But-For” Test in Determining Eligibility under the Brownfield Program
The First Department, in the Matter of East River Realty v. N.Y. State Department of Environmental Conservation, 2009 NY Slip Op 9381 (N.Y. App. Div., 1st Dep't 2009), recently upheld a Supreme Court ruling that the New York State Department of Environmental...
The Second Circuit decides another CERCLA contribution case in Niagara Mohawk v. Chevron (Part I)
The Second Circuit's recent decision in Niagara Mohawk Power Corp v. Chevron U.S.A., Inc., 596 F.3d 112 (2d Cir. Feb 24, 2010), is a study (yet again) in the claims available to private parties to recover costs incurred in remediating hazardous wastes. The primary...
