Environmental Law Portal

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Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

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Showing 13 posts in New York.

Insurance Policyholders Score Victory on Critical Allocation Issue in Second Circuit Olin Decision

In an action seeking insurance coverage for environmental contamination, the United States Court of Appeals for the Second Circuit held that “all sums” allocation would apply to the policies at issue, and therefore the policyholder could choose which of the multiple triggered policy periods it preferred to cover the entire loss, up to the limits of the policies in that year.  Olin Corp. v. OneBeacon Am. Ins. Co., No. 15-2047(L) (2d Cir. July 18, 2017). Read More ›

Lost Insurance Policy? Pursuing Coverage for Long-Tail Environmental Liability Still Feasible

Companies facing environmental cleanup liability typically confront claims that are brought multiple decades after the alleged polluting activity took place. This passage of time often results in the loss or disappearance of crucial historic documents, including insurance policies, necessary to respond to the claims.  Historic general liability insurance policies issued before pollution exclusions became commonplace in the 1970s are of particular value in protecting a company from exposure to “long-tail” environmental liability.  Finding these policies, or evidence of their existence, therefore is a must.  A recent New Jersey federal court decision serves as a helpful reminder that when the actual policies cannot be located, even limited documentary evidence of their existence, when buttressed by the expert testimony of a credentialed insurance archaeologist, may be sufficient to prove the coverage and facilitate recovery. Read More ›

New York State Attorney General Orders Companies to Stop Making Anti-Zika Claims In Connection with Minimum Risk Pesticides and Pesticide Devices

On August 3, 2016, the New York State Attorney General issued cease-and-desist letters to seven companies making pesticidal claims to prevent or protect consumers against the Zika virus.  The claims at issue were made in advertisements for products containing certain “minimum risk” active ingredients, as well as several pesticide devices.  According to Attorney General Eric T. Schneiderman, the letters ordered the companies to immediately stop advertising their products as “Zika-protective” or “Zika-preventive,” which Schneiderman identified as false and deceptive claims.  While the Attorney General subsequently announced that six of the seven companies had either removed the allegedly misleading claims or altogether removed their products from online sales within 24 hours of the Attorney General’s action, his investigation remains ongoing.  Each company may now face liability under both Federal and New York State law. Read More ›

New York State to Order that 50% of Power Consumed by New Yorkers be from Renewable Sources by 2030

The Order, part of New York's Reforming the Energy Vision (REV) Initiative, may prevent or delay the closure of upstate nuclear plants. Read More ›

New Application Process Takes Effect for New York Brownfield Cleanup Program, Additional Regulations Pending

The New York State Department of Environmental Conservation (NYSDEC) has announced that as of July 1, 2015, the reformed New York State Brownfield Cleanup Program (BCP) became effective.  NYSDEC transitioned to a new application form and application guidance as of July 1, incorporating new eligibility criteria under the BCP reforms.  A property’s eligibility for the BCP is now based on the presence of contaminants above New York’s Soil Cleanup Objectives (SCOs) or other applicable standards, criteria, or guidance.  This replaces the BCP’s former eligibility determination based on the potential complication of reuse or redevelopment by the actual or reasonably suspected presence of contaminants.  Read More ›

New York High Court Rejects Medical Monitoring Claims Absent Injury

Striking a blow to toxic tort plaintiffs seeking to recover personal injury damages in the absence of physical injury, New York’s highest court ruled on December 17 that medical monitoring is not a separate cause of action under New York law. Caronia v. Philip Morris USA, Inc., 2013 N.Y. LEXIS 3476, 2013 N.Y. Slip. Op. 8372 (N.Y. Dec. 17, 2013) ( “Slip Op.”).  Read More ›

All Beveridge & Diamond New York Office Principals Receive "Super Lawyers" Recognition for Third Consecutive Year

Beveridge & Diamond, P.C. is pleased to announce that, for the third consecutive year, the Super Lawyers rating service recognized all five Principals in the Firm's New York office as being among the top lawyers in their areas of practice in the New York metropolitan area.   Read More ›

Second Circuit Certifies Medical Monitoring Issue for Ruling by New York High Court

In an effort to clarify the availability and scope of medical monitoring claims under New York law, the Second Circuit last week certified to the New York State Court of Appeals questions relating to whether smokers who have not been diagnosed with a smoking-related disease may bring a stand-alone claim against a tobacco company for medical monitoring. The Court of Appeals’ decision will likely have broad implications for toxic tort cases involving allegations of potential health effects. Read More ›

Beveridge & Diamond Secures Dismissal of Challenge to Solid Waste Facility Operating Agreement in New York Supreme Court

In an issue of first impression for New York’s courts, litigators in Beveridge & Diamond’s  New York office secured a dismissal of a petition seeking an annulment of a client’s 25-year operating agreement with the Town of Colonie, New York. Conners et al. v. Town of Colonie et al., N.Y. Supreme Court, Albany County, Index No. 6312-2011, Decision/Order/Judgment (April 5, 2012). Read More ›

New York Appellate Court Finds Plaintiffs in Toxic Mold Case Could Satisfy Frye Standard

Giving a potential boost to plaintiffs claiming injury due to toxic mold exposure, a New York appellate court held that the plaintiff-appellant’s toxic mold claims may meet the Frye standard of scientific reliability. Cornell v. 360 W. 51st St. Realty, No. 01643 (N.Y. App. Div. Mar. 6, 2012), available at http://www.nycourts.gov/reporter/3dseries/2012/2012_01643.htm. The appellate court found that the lower court had incorrectly interpreted the appellate court’s earlier decision in Fraser v. 301-52 Townhouse Corp., 57 A.D.3d 416 (2008), when it held that the expert testimony put forth by the tenant was inadmissible and that the tenant did not meet her burden to quantify her exposure level to the mold.  Read More ›