Everyone's heard of the phrase, "Be careful what you wish for," but Sunoco, Inc. might be ready to coin a new phase, "Be careful what you warrant."In 2009, Sunoco, Inc. sold an Oneida County-based Marcy Terminal to Superior US Holdings, Inc. Given that it was an oil...
Environmental Permits
Expanded Clean Water Act Jurisdiction could be Coming ‘Round the River Bend
How easily can a significant expansion in jurisdiction be called just a "clarification" of existing jurisdiction? On April 21, 2014, the United States Environmental Protection Agency and the Army Corps of Engineers published a proposed rule that promises to...
Extension of New York State Fracking Moratorium Passes State Assembly, But its Ultimate Fate is Unclear
On March 7, 2013, the New York State Assembly passed legislation to extend the moratorium in place on high pressure horizontal hydraulic fracturing - hydrofracking or fracking - of shale that has been in place since 2008. Though the bill, Assembly Bill 5424-A, passed...
DEC “Incidental Take” Permit Regulations Survive Challenge
On July 26, 2012 the Appellate Division, Third Department affirmed the dismissal of a challenge to the New York State Department of Environmental Conservation's recently amended endangered species regulations. The regulations, contained in 6 NYCRR Part 182, included a...
All Required Permits
Although the possession of and compliance with all necessary permits is important information for a buyer expecting to continue a business or a lender depending on the viability of a business, representations regarding permits do not necessarily cover potential...