Category: New York

CERCLA / New York
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NY’s Highest Court Makes it Clear – NYS DEC Has Authority to Unilaterally Remediate Hazardous Waste Sites

In October 2016, New York’s Appellate Division held that the New York State Department of Environmental Conservation (DEC) overstepped its boundaries when it unilaterally undertook the remediation of FMC’s site in Niagara County, New York. FMC Corp. v. New York State Dept. of Envtl. Conservation, 143 A.D.3d 1128 (3d Dept. 2016).

NY’s highest court – the Court of Appeals – smacked down the Appellate Division’s ruling and reversed it.

The facts:

For over 60 years, FMC has owned and operated a 103-acre property in …

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Litigation / New York / PFOA
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Strictly Business: Court Opens Door to PFOA Lawsuit for Purely Economic Damages

On February 20, 2018, a federal court in New York expanded the universe of plaintiffs who can sue for PFOA contamination in that state. The court ruled that plaintiffs could seek purely economic damages in negligence claims based on PFOA contamination, so long as the plaintiff’s business is located within the “zone of contamination.”

As readers of this blog may be aware, PFOA (perfluorooctanoic acid) is a man-made chemical used, among other things, to make fabrics water- and stain-resistant. Originally manufactured by the 3M Company, …

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New York / Water Contamination
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Ultraviolet Reactor? The Newest Technology to Combat Emergence of the Unregulated Chemical 1,4-Dioxane

New problems often necessitate new solutions. In the world of toxic torts and environmental liability, advances in remediation techniques are constantly being developed to alleviate the sometimes unavoidable, questionable, and/or nascent effects of innovation, manufacturing, and commerce. One emerging contaminant causing a stir is 1,4-dioxane — a flammable liquid with a variety of industrial applications, such as the manufacture of adhesives, sealants, and other chemicals. It is used in paint strippers, dyes, greases, varnishes and waxes, and it can be found in antifreeze, aircraft de-icing …

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Climate Change / Litigation / New York
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New York City Sues Big Oil Over Effects of Climate Change

Earlier this month, the New York City government (the City) filed a complaint in the U.S. District Court for the Southern District of New York against five of the world’s largest publically traded oil companies. The complaint alleges that the defendants significantly contributed to climate-change through the sale of oil and gas products over the years, resulting in property damage and subsequently forcing the City to incur other costs associated with weather-related prevention efforts, now and in the future.

Specifically, the City claims that the …

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New York / PFOA / Water Contamination
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PFAS Update — Hudson Valley City Authorizes its City Council to Commence Suit Involving PFOS Contamination to Drinking Water Supply

The City of Newburgh, New York has had enough. After the city’s water supply was shut down following contamination by perfluorooctane sulfonate, a toxic chemical known as PFOS, residents have authorized its city council to commence a lawsuit against the alleged contaminator, a nearby Air National Guard Base.

PFOS, and the related chemical PFOA (both of which are part of the class of Perfluoroalkyl and Polyfluoroalkyl substances, known as PFASs) was first discovered in Newburgh’s water supply in mid-2016. Washington Lake, Newburgh’s main drinking water …

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New Jersey / New York / PFOA
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The PFOA/PFOS Conversation Moves from New Jersey to New York

In November, we reported on New Jersey’s adoption of the lowest Maximum Contaminant Limits (14 parts per trillion) for PFOAs (perfluorooctanoic acid) in the nation. And a few weeks ago, we reported on the New Jersey scientists that are urging the state to impose a strict limit of 13 ppt for perfluorooctane sulfonate (PFOS) as the level at which human health would be protected over a lifetime of exposure. Now we move to New York.

In September 2017, New York Governor Andrew Cuomo announced his …

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New York / Nuclear Power Plants
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Nuclear Option: New York Federal Judge Strikes Down Challenge to Power Plant Subsidies

On Tuesday, July 25, 2017, U.S. District Court Judge Valerie Caproni dismissed a challenge to New York’s plan to subsidize the state’s nuclear power plants. According to the Judge’s decision, the plan does not intrude upon federal jurisdiction over wholesale electricity markets and passes constitutional muster because it is rationally related to a legitimate state interest: the production of clean energy and the reduction of carbon emissions from the production of other energy.

A coalition of power generators and energy groups, including the Electric Power …

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New York / PFOA
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Residents, Lawyers, and Advocates Still Skeptical After Imperfect Study of Cancer Rates from PFOA Exposure in Hoosick Falls, NY

Perfluorooctanoic Acid (PFOA), also known as C-8, is a synthetic man-made chemical that is both toxic and persistent in the environment. It has been used in the manufacture of commercial products like non-stick cookware, stain-resistant clothing and carpets, food wrappers, dental floss, electrical insulation, fabrics, firefighting foam, as well as many industrial products. PFOA has raised health concerns because long-term exposure has been linked to testicular, kidney, and thyroid cancer, as well as high cholesterol, and pregnancy-induced hypertension. Our readers familiar with PFOAs likely have …

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New York / Wastewater
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NYC’s Plan to Disinfect Sewage and Pipes: Is Chlorine Still a Good Option?

New York City is 305 square miles and about 72 percent of that space is covered with impenetrable surfaces like rooftops, roadways, and playgrounds. So when it rains in the metropolis, the precipitation floods storm drains and sewers. With what some call an antiquated sewer system that treats about 1.3 billion gallons of city wastewater on a dry day (and twice that during moderate rainfall) coupled with a growing population, the Big Apple is experiencing increasing problems in treating the bacteria found in the City’s …

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New York
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Up in the Air: The Evaporating Confidence of New York Property Owners

A growing number of New York State property owners are facing legal issues, decreases in property value, unexpected environmental remediation costs, and general uncertainty because of a phenomenon called “vapor intrusion.” Goldberg Segalla’s John F. Parker and Rosa D. Forrester have explained the issue in an article for New York Law Journal.

“In New York, recent changes in environmental guidelines and practices have led to the reopening of previously closed environmental spill sites to further investigate the presence of volatile organic compounds that have …

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