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The availability of Superfund defenses to tenants of contaminated properties is often uncertain, raising the potential of lessee liability and impeding the redevelopment and reuse of contaminated lands.  In an attempt to ameliorate this problem and provide assurances to responsible tenants, EPA recently revised and expanded its guidance clarifying when tenants can make use of … Read Post

On November 15, 2012, in Aukema v. Chesapeake Appalachia, a judge in the U.S. District Court for the Northern District of New York ruled that several leases to drill for gas in the Marcellus Shale had expired, despite the gas companies’ claim that the delay in permitting associated with  New York’s environmental review process constituted a … Read Post

Last week, the New York State Department of Environmental Conservation (“DEC”) finalized regulations requiring permits for surface water and groundwater withdrawals exceeding 100,000 gallons per day.  Previously, water withdrawals exceeding that threshold had to be reported to DEC, but permits were only required for drinking water suppliers. The new permitting regime is expected to cover … Read Post

*** Updated 11/30/12 with link to revised text of proposed hydrofracking rules *** This week, the New York State Department of Environmental Conservation (“DEC”) formally sought a 90-day extension of its rule making process for its proposed regulations governing the natural gas drilling technique of high-volume hydraulic fracturing (“hydrofracking” or “fracking”). The 90-day continuation includes a … Read Post

On November 20, 2012, a New York appellate court unanimously affirmed the environmental review for the proposed redevelopment of the former Domino Sugar refinery in Williamsburg, Brooklyn, clearing the way for a new mixed-use development on the vacant East River site.  Sive, Paget & Riesel successfully represented the project applicant in both the lower court … Read Post

A recent review of the New York State Department of Environmental Conservation (“DEC”) Spills Database by the Long Island-based environmental consulting firm Roux Associates, Inc. shows that DEC has been inundated with nearly 1,700 new spills of chemicals, petroleum and other hazardous materials in the few weeks since Tropical Storm Sandy hit the region.  Typically, there … Read Post

New York’s highest court recently upheld lower court decisions requiring the New York City School Construction Authority (“SCA”), as lead agency under the New York State Environmental Quality Review Act (“SEQRA”), to consider in the environmental review process the long-term maintenance and monitoring requirements designed to assure the continued effectiveness of the remediation of hazardous … Read Post

In the wake of Hurricane Sandy, the New York State Department of Environmental Conservation (“DEC”) has issued a Hazardous Waste Generator Order that explains how to manage hazardous waste generated as a result of the storm in the affected counties of Suffolk, Nassau, New York, Kings, Queens, Bronx, Richmond, Westchester, Rockland, and Orange. Hazardous waste … Read Post

We at Sive, Paget & Riesel wish you the best in dealing with the aftermath of Sandy.   In the event you need assistance, our staff has significant experience in the following areas: Analyzing insurance policies to determine coverage and assisting in the documentation, presentation and resolution and potential litigation of insurance claims; Analyzing commercial and … Read Post