The United States District Court for the Southern District of New York recently confirmed that a party's liability to clean up a contaminated property was not discharged as part of a Chapter 11 reorganization, since such liability was not a "claim" under the...
Month: October 2011
“Fracking NY” Blog Series: Part 1 – Overview of Fracking in the Marcellus Shale Region of New York
Introduction to 's "Fracking NY" Blog Series does not represent clients on any side of this, the most significant environmental controversy in New York at this time - not the companies drilling for gas, or...
EPA Issues Interim Guidelines for Urban Agriculture on Brownfield Sites
Urban agriculture is exploding in cities - large and small - throughout the nation. In many cities, local land use laws and zoning ordinances are being amended or drafted to support this new-found passion. But with precious "green" space in cities (and rooftops in...
Owners of Automobile Repair Shop Found Strictly Liable for Petroleum Discharge under NY Oil Spill Act
If you're familiar with the harsh reality of property owner liability under the New York State Navigation Law's Oil Spill Act, this headline shouldn't raise any eyebrows. However, the holding of State of New York v. C.J. Burth Services, Inc., 79 A.D.3d 1298, 915...
Sole Shareholder of Company that Owned Contaminated Site Found Liable as a “Current Operator” under CERLCA
In Litgo New Jersey, Inc. v. Martin, 2011 U.S. Dist. LEXIS 2033 (D.N.J. Jan. 7, 2011) (denying Motion for Rehearing), the sole shareholder of company (a single-purpose entity) that owned a contaminated property was found liable as a "current operator" under CERCLA...
