Are you a waste hauler? Does your business generate solid waste in New York? If so, you should be aware of the new solid waste regulations went into effect November 4, 2017. These are the first major revisions to the State's solid waste program in more than 20 years!...
Year: 2017
New York State DEC Issues New General Permit for Stormwater Discharges from Industrial Activities
Do you own or operate a facility in New York that discharges stormwater? If so, be aware that as of October 1, 2017, the New York State Department of Environmental Conservation (DEC) issued a new Multi-Sector General Permit (MSGP) scheme for Stormwater Discharges...
New York City Will Make It Easier to Remove “E” Designations From Properties Identified As Such In the Zoning Maps
Every once in a while, government agencies actually make things easier or more efficient for the general public. In the case of contaminated properties, New York City is helping potential property developers. Recently, the New York City Department of Environmental...
The Most Effective Way To Amass Penalties For Violating Environmental Regulations (And How To Ensure It Does Not Happen To You)
Some incredible lapse of judgment (or reasonableness) must occur for an individual to accumulate $200 million dollars' (!) worth of potential environmental violations. And, of course, that is that happened with an auto repair facility in Northumberland Township. On...
Federal Court Rules That Rensselaer Pond Is Not A “Water Of The United States” And Thus Not Subject To The Clean Water Act
Why is it important to hire experts, even on things that seem rather "obvious"? When it comes to litigation, lay persons should not rely on their own observations and beliefs when it comes to scientific or technical matters that experts should address. The...
Supreme Court May Determine When Tenants Are Subject to “Ownership Liability” Under CERCLA
When is a tenant liable as an owner under the federal Superfund law (aka CERCLA)? Right now, the answer depends on which federal court hears your case. There appears to be a big difference of opinions between the 9th and 2nd Federal Appellate Circuits: the 9th Circuit...
New York Proposes New Perchloroethylene (PERC) Regulations For Dry Cleaners
Major changes are coming to the dry cleaning industry in New York. Business owners and managers must become familiar with these new round of proposed NY State Department of Environmental Conservation (DEC) regulations that will likely impose significant financial and...
Contract Terms Have Specific, Carefully Defined Meanings, and are Not Ambiguous, and so Extrinsic and Parol Evidence to be Excluded, and Buyer of Kalamazoo Coating Resin Business Must Remediate Site
A recent federal case in New York was a reminder that in contract litigation, the parties should be careful what they claim about how "unambiguous" a contract provision assigning environmental liabilities, as elsewhere, and that in contract drafting, even apparently...
Insurance pollution exclusion: entire pollution claim denied under exclusion, even if one of the sources of contamination was eligible for coverage
Does a pollution exclusion clause that bars coverage under an indemnification provision in an insurance policy as to one of the sources of contamination also bar coverage that should apply to another source of the same contamination that is not by itself excluded from...
Second Circuit: Late Notice To Insurer Bars Coverage For Environmental Claims
How important is it that timely notice of an environmental claim be given to your insurance carrier? And just what is "timely"?A federal appeals court in New York recently answered, "it's very important," and "timely" means as soon as practicable (but more than...
