Continuing with our prior post, this post discusses the Court of Appeal's ruling in In the Matter of Lighthouse Pointe Property Associates, LLC v. New York State Department of Environmental Conservation, 2010 NY Slip Op 1377, 2010 N.Y. LEXIS 35, (Ct. App. Feb. 18,...
Year: 2010
New York’s Highest Court Overturns a DEC Brownfield Cleanup Program Eligibility Determination – Part I.
On February 18, 2010, New York's highest court overturned the DEC's denial of an upstate New York development's application for admission into the State's Brownfield Cleanup Program ("BCP" or "Program"). In the Matter of Lighthouse Pointe Property Associates, LLC v....
EPA lists Gowanus Canal on the National Priorities List
On March 2, 2010, the EPA listed the Gowanus Canal in Brooklyn on the National Priorities List (NPL), making it a federal Superfund site. The New York State Department of Environmental Conservation urged EPA to consider the Gowanus Canal for inclusion on the NPL in...
The District of Maine cites to the Supreme Court’s recent decision in Burlington Northern in an Arranger Liability Case
The District Court for the District of Maine relied on the Supreme Court's recent decision in Burlington Northern & Santa Fe Railway Co. v. United States, No. 07-1601, -U.S.- (U.S. May 4, 2009) ("BNSF"), in denying a motion to dismiss asserting that a CERCLA...
The Southern District of New York cites to Burlington Northern in an Apportionment Case.
In a recent decision in In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation ("In re MTBE"), No. 00 MDL 1898, and related case City of New York v. Exxon Mobil Corporation, No. 04 Civ. 3417 (S.D.N.Y. July 14, 2009), the District Court for the...
The federal Court of Appeals, D.C. Circuit recently denied three environmental groups’ motion to intervene in a lawsuit between the District of Columbia (“District”) and Potomac Electric Power Company and Pepco Energy Services, Inc. (collectively, “Pepco”
The federal Court of Appeals, D.C. Circuit recently denied three environmental groups' motion to intervene in a lawsuit between the District of Columbia ("District") and Potomac Electric Power Company and Pepco Energy Services, Inc. (collectively, "Pepco"), which...