How important is it that timely notice of an environmental claim be given to your insurance carrier? And just what is "timely"?
Sometimes simple common law principles are the best way to litigate against insurance companies. Specifically, if the insurance policy calls for a two-year limitations period to sue, make sure your attorney alleges common law negligence against the insurance carrier if you want the benefit of the longer, three-year, statute of limitations period (assuming the facts support a negligence claim, of course).
New York City's lead-based paint law (Local Law 1 ) requires landlords to remove lead-based paint in any apartment unit in which a child under 6 years of age resides. The issue in Yaniveth R. v. LTD Realty Co. was whether a child "resides" in an apartment containing lead-based paint when the child does not live in the apartment but spends approximately 50 hours per week there with a caregiver. The child, who was found to have elevated blood lead level at the age of one lived with her parents but usually stayed with her maternal grandmother five days per week while her parents were at work and did so since she was three months old.
The U.S. Federal Government and the State of New York jointly announced on May 11, 2015 a $12 million settlement with Tonawanda Coke Corporation for a litany of alleged environmental violations at TCC's western New York coke manufacturing facility.
When someone says the word "contract," what comes to mind? For most, it would probably be a signed piece of paper that sets out certain legally enforceable promises made between two parties. But oral contracts can exist, too, and an oral contract can be just as enforceable as a written contract. The problem is that proving the contents of an oral contract is difficult precisely because there is no written record of the agreement.
Fixed contaminant standards need not be reached, much less exceeded, in order to cause an injury that courts can recognize. An intermediate appeals court in New York has ruled that the Suffolk County Water Authority may sue chemical companies for groundwater contamination even where the contamination does not exceed an EPA drinking water standard known as a Maximum Contaminant Level. However, this may be a pyrrhic victory, as that same court also ruled that many of the SCWA's claims were too late under New York's three-year statute of limitations for injuries from latent effects of exposure to harmful substances.
In a triumph of environmental responsibility and justice over corporate attempts to disclaim environmental liabilities, the former Kerr-McGee Corporation has been ordered to clean up after itself.
In the wake of Hurricane Sandy, the New York City Council passed a flurry of laws designed to increase the resiliency of the City during future storm events. One of these laws, Local Law 143, requires operators of facilities that store hazardous substances to file additional information with the City under the Community Right to Know Program. Local Law 143, together with related amendments to the New York City Administrative Code, became effective March 30, 2014 and may change what your facility needs to report for 2015 reporting year. Will your facility be ready to comply with the new requirements?
Perhaps you've heard of the "Great Pacific Garbage Patch," a "plastic soup" of floating waste in the Pacific purportedly twice the size of the United States, but did you know that similar plastic pollution has been documented throughout the Great Lakes? Attorney General Eric Schneiderman and Assemblyman Robert Sweeney have recognized the threat that this pollution poses to human health, and have recently announced legislation that could speed significant changes in the plastics industry and stop the pollution at its source-your bathroom sink. Unlike in the Great Pacific Garbage Patch, the culprit in the Great Lakes is not necessarily dumping, but rather the ubiquitous plastic abrasives found in hundreds of common personal care products. Known as "microbeads," these tiny plastic particles are found in everything from cosmetics to toothpaste. They get washed down the drain your bathroom sink, and float untreated through sewage treatment plants into lakes and streams. Once in the environment, they can accumulate and concentrate PCBs and other persistent toxic chemicals that are present in New York's waters as a legacy of the state's industrial past.
Here's a pop quiz: after an eleven week trial in federal court, a jury hands down a verdict of nearly $105 million against ExxonMobil for contaminating New York City's drinking water. On appeal, the verdict is upheld. What environmental law enabled the jury to find, and the appellate court to affirm, such a large verdict? The Superfund Law? The Clean Water Act? The Resource Conservation and Recovery Act?