Recently by James Stewart
New York Court Of Appeals Decision May Put New York Brownfield Cleanup Program Back On The Right Track
On February 18, 2010 the New York Court of Appeals decided In the Matter of Lighthouse Pointe Property Associates LLC v. New York State Department of Environmental Conservation , in which the Court reversed a New York State Department of Environmental Conservation (NYSDEC) decision not to admit...
Read MoreU.S. Supreme Court Issues Important Decision Regarding Superfund Apportionment And Arranger Liability Issues
On May 4, 2009, the United States Supreme Court issued its decision in Burlington Northern & Santa Fe Railway Co. v. United States (BNSF), in which the Court addressed the apportionment of liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and the...
Read MoreRecent Case Law Clarifies Ways Third Parties May Participate In Envionmental Permitting Decisions
Recent state and federal case law has clarified how third parties may participate in and influence permitting. And, the case law shows how courts' deference to agency determination can be both a shield to protect and a sword to threaten permit applicants. I. Limited Third-Party Right To...
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