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May 2009: Second Circuit Holds Party Who Remediates Contamination under State Consent Order Can Bring CERCLA Action for Response Costs–Not for Contribution W.R. Grace & Co.-Conn. v. Zotos International, Inc., ___F.3d___ 04-2798 (2nd Cir. March 4, 2009)
April 2009: District Court Requires Specific Allegations Regarding Parent and Subsidiary Relationship to Maintain CERCLA §107 Action against Parent Ceramicas Industriales, S.A. v. Metropolitan Life Insurance Co., ___F.Supp.2d___ 08-5114, (S.D. N.Y. Feb. 11, 2009)
November 2008: New York State Attorney General Reaches Groundbreaking Settlement of Disclosure Claims against Major Coal-Fired Power Producer
October 2008: New York State Attorney General Reaches Groundbreaking Settlement of Disclosure Claims Against Major Coal-Fired Power Producer
October 2008: New Tax Legislation Passed by the State of New York Promotes the Installation of Green Roofs in New York City
December 2007: New York Implements Terms of Regional Greenhouse Gas Initiative Agreement and Issues Proposed Regulations to Reduce Carbon Dioxide
October 2007: Second Circuit Holds CERCLA Does Not Preempt State Statute Limiting Dissolved Corporation’s Capacity to Be Sued Marsh v. Rosenbloom, ___F.3d___ 05-0514 (2nd Cir. Aug. 28, 2007)
October 2007: Impact of Massachusetts v. EPA Briefed in Global Warming Appeal State of Connecticut, et al. v. American Electric Power Company, Inc., et al. and Open Space Institute, et al. v. American Electric Power Company, Inc., et al. 04-5669 and 04-5670 at 19 (S.D. N.Y. Sept. 15, 2005), on appeal, Second Circuit Court of Appeals
October 2007: Center for Biological Diversity Petitions California and Eight Coastal States to Regulate Carbon Dioxide Pollution under the Clean Water Act
July 2007: District Court Holds that a Contribution Claim under State Law Is Precluded by CERCLA Conflict Preemption N. Y. State Electric & Gas Corp. v. FirstEnergy Corp., ___F.Supp.2d___ 3:03-CV-0438 (N.D. NY May 11, 2007)
June 2006: Second Circuit Directs District Court to Further Enhance Criminal Sentencing for Company Owner Convicted of Clean Air Act and Conspiracy Violations United States v. Thorn, ___ F.3d ___ 03-1602(L), 03-1676(XAP) (2nd Cir. April 27, 2006)
May 2006: D.C. Circuit Vacates EPA’s Equipment Replacement Amendment to the Clean Air Act’s New Source Review Routine Maintenance, Repair and Replacement Exemption State of New York, et al. v. U.S. Environmental Protection Agency, ___F.3d___ 03-1380 (D.C. Cir. Mar. 17, 2006). (New York II)
December 2005: Second Circuit Refuses to Accord Defense to EPA in Title V Matter New York Public Interest Research Group, Inc v. Johnson, ___F.3d___ 03-40846 (2nd Cir. Oct. 24, 2005)
September 2005: New York Supreme Court Holds that Disclaimer Bars Fraudulent Inducement/Concealment Claims Bank of New York v. Bram Manufacturing Corp., et al., slip opinion, (N.Y. App. July 20, 2005)
August 2005: D.C. Circuit Vacates Parts of EPA’s 2002 Rule Regarding New Source Review Permit Requirements under the Clean Air Act New York v. U.S. Environmental Protection Agency, ___F.3d___ 02-1387 (D.C. Cir. June 24, 2005)
June 2005: District Court Grants Motions to Dismiss Third- Party Defendants under RCRA, where Complainants Had No Standing and Indemnity Agreements Precluded Claims FCA Associates v. Texaco, Inc. et al., ___F.Supp.2d___ 03-CV-0683T(W.D. N.Y March 31, 2005)
April 2005: District Court in New York Refuses to Contradict the Supreme Court’s Decision on CERCLA Contribution Claims Elementis Chemicals Inc. v. T. H. Agriculture and Nutrition, LLC, ___F.Supp.2d___ 03 CV 5150 (S.D. N.Y. Jan. 31, 2005)
September 2004: New York District Court Rules that Cost Cap Policy Covers All Investigation and Remediation Costs Required by EPA. Frazer Exton Development, L.P. v. Kemper Environmental, Ltd., ___F.Supp.2d___ 03 Civ. 0637 (HB) (S.D. N.Y July 28, 2004)
September 2004: States and Environmental Groups Allege Global Warming as a Public Nuisance in Suits against Power Companies. State of Connecticut, et al. v. Am. Elec. Power Co., et al., Case No. 04-05669; Open Space Inst., Inc., et al. v. Am.Elec. Power Co., et al. 04-05670 (filed July 21, 2004, S.D. N.Y.)
July 2004: Second Circuit Denies Challenge to New York’s Failure to Comply with National Ambient Air Quality Standards. Environmental Defense v. United States Environmental Protection  Agency ,___F.3d___ 02-4107 (2nd Cir. May 19, 2004).
December 2003: Bankruptcy Stay Does Not Prevent Entry of Order Compelling $100 Million Clean Air Act Obligations State of New York and Erin Crotty v. Mirant New York, Inc., and Mirant Lovett, L.L.C. ___F.Supp.2d___, 300 B.R. 174 (S.D. N.Y. 2003).
September 2003: Court of Appeals of New York Holds that Absolute Pollution Exclusion in Insurance Policy Does Not Apply to Indoor Paint Fumes Belt Painting Corp. v. TIG Insurance Company Case No. 86 (N.Y. App. July 1, 2003).
August 2003: Second Circuit Rejects Environmental Insurance Coverage Claim and Reaffirms That New York Law Determines Claims for Multi-Site Insureds Maryland Casualty Company v. Continental Casualty Co. ___F.3d___, Case No. 01-7482 (2nd Cir. June 13, 2003).
June 2003: D.C. Circuit Upholds EPA Rulemaking Under Project XL, Finding the Challenge Unripe Atlantic States Legal Foundation v. Environmental Protection Agency ___F.3d___, Case Nos. 99-1409 and 99-1414 (D.C. Cir. April 11, 2003).
May 2003: New York District Court Uses "Source of Knowledge" Standard to Decide Breach of Warranty Action Paraco Gas Corp. v. AGA Gas, Inc. ___F.Supp.2d___, 2003 U.S. Dist. LEXIS 3855 (S.D. N.Y. Mar. 14, 2003).
April 2003: Second Circuit Affirms EPA Approval of New York's Title V Permitting Program New York Public Interest Group v. Christine Todd Whitman, et al ___F.3d___, Case No. 024033 (2nd Cir. Feb. 27, 2003).
March 2003: Second Circuit Remands for Resentencing Conviction for Clean Air Act Violations United States v. Thorn ___F.3d___, Case Nos. 011669 and 02-1046 (2nd Cir. Jan. 9, 2003).
November 2002: District Court Upholds CERCLA's Rarely Successful "Useful Product" Defense State of New York v. Solvent Chemical Company Inc ___F.Supp.2d___, Case No. 83-CV-1401-C (W.D. N.Y. 2002)
August 2002: Another New York Court Finds Indoor Fumes Are Not Subject to the Absolute Pollution Exclusion.

Belt Painting Corp. v. TIG Ins. Co., 742 N.Y.S.2d 332 (N.Y.App.May 13,2002).

June 2002: New York Court Limits Daily Civil Penalties to Period within Statute of Limitations State of New York v. Exxon Corp., 2002 N.Y. Misc. LEXIS 205 (Supreme Court of New York, Albany County, April 1, 2002).
June 2002: Defendants Escape with Sanctions Sought because of Their Alleged Failure to Comply with Discovery Orders Kara Holding Corp. v. Getty Petroleum Marketing, Inc. ___F.Supp.2d___, Case No. 99 Civ. 0275 (RWS), (S.D. N.Y. March 29, 2002).
May 2002: Defendant Held Jointly and Severally Liable for All Removal Costs where Several Chemicals Caused a "Single Harm" United States v. Agway, Inc. Case ___F.Supp.2d___, Case No. 1:99-CV-708 (FJS/GJD) (N.D. N.Y. March 28, 2002).
December 2001: Court of Appeals: Transport of Water through State Distribution System May Require NPDES Permit under the Clean Water Act Catskill Mountains Chapter of Trout Unlimited, Inc., et al. v. City of New York, et al., ___F.3d___, Docket No. 00-9447 (2nd Cir. Oct. 23, 2001).
November 2001: Second Circuit Allows Total Maximum Daily Loads to Be Established on Annual, Not Daily, Basis Natural Resources Defense Council, Inc. v. Muszynski ___F.3d___, Case No. 00-6232 (2nd Cir., Oct. 11, 2001).
June 2001: NRDC Recoups Large Fee Award in Clean Water Act Case Despite Losing on Most of its Claims Natural Resources Defense Council, Inc. v. Fox 129 F.Supp.2d 666 (S. D. N. Y Feb. 6, 2001)
Amherst
August 2008: District Court Allows Army Corps to Withdraw Prior Opinion of Isolated Wetlands in Favor of U.S. Asserting Clean Water Act Jurisdication Acquest Wehrle v. U.S., ___F.Supp.2d___ 06-CV-654C(SR)(W.D. NY June 20, 2008)
February 2005: District Court in New York Holds Citzen’s Group Cannot Sue United States to Prevent Mosquito Spraying. Altman v. United States, States, ___F.Supp.2d___. Case No. 98-CV-237E(F), (W.D.N.Y. Dec. 30, 2004).
Ashokan Reservoir
January 2006: Preserving Water Supply through Land Conservation: Efforts by New York and New Jersey
Babylon
June 2006: Second Circuit Says Definition of ‘Operator’ under CERCLA Is a Question for the Trier of Fact AMW Material Testing, Inc. v. Town of Babylon, ___F.3d___ 05-0206 (2nd Cir. March 28, 2006)
Bronx
October 2004: New York Federal District Court Dismisses RCRA Claims where Plaintiff Failed to Show Remediation Plan Inadequate Kara Holding Corp. v. Getty Petroleum Marketing, et al.,___F.Supp.2d___ 99 Civ. 0275 (RWS) (S.D. N.Y. Aug. 13, 2004)
Brooklyn
July 2005: Recent Investigations, Settlements, Penalties and Sanctions
Buffalo
June 2006: Second Circuit Finds Union Has Standing but Failed to Properly Plead Clean Water Act Claim Building and Construction Trades Council of Buffalo, New York and Vicinity v. Downtown Development, Inc., ___F.3d___ 04-4865-CV (2nd Cir. May 6, 2006)
October 2002: Second Circuit Finds Insured Proved Coverage under Lost Policies in Connection with Four New York Waste Disposal Sites Burt Rigid Box, Inc. v. Travelers Property Casualty Corp., ___F.3d___,Case Nos.01-7230(L),01-7649(XAP)(2nd Cir.Aug.16,2002).
July 2002: Bankruptcy Court Maneuvering Does Not Stop City's Attempts to Force Cleanup LTV Steel Company, Inc. v. The City of Buffalo Urban Renewal Agency ___F.Supp.2d___, Case No. 99-CV0624E(F) (W.D. N.Y. May 9, 2002)
Catskill Mountains
January 2006: Preserving Water Supply through Land Conservation: Efforts by New York and New Jersey
Chateaugay River
March 2009: State Court Finds N.Y. DEC Has Jurisdiction to Issue Water Quality Permit Despite Preemption for Hydroelectric Dams Operated under FERC Chasm Hydro, Inc. v. New York State Department of Environmental Conservation 2009 N.Y. Slip Op. 00481 (N.Y.App.Div. Jan. 29, 2009)
Corinth
July 2009: Lawsuit Seeks to Invalidate New York’s RGGI Regulations
East Quogue
December 2004: Highest New York Court Finds Purchasers of Real Property Liable for Pre-Sale Contamination under the Oil Spill Act State of New York v. Speonk Fuel Inc. 117, 2004 N.Y. LEXIS 2438 (N.Y. App. Oct. 19, 2004)
Fire Island
October 2003: Second Circuit Affirms Dismissal on Basis of Lack of Standing New York Coastal Partnership, Inc. v. U.S. Dep’t of the Interior ___F.3d___, Case No. 02-6132 (2nd Cir. Aug. 18, 2003).
Geneva
July 2005: New York Appellate Court Rules on Cost Recovery Action Regarding Leaking Underground Storage Tanks State of New York v. Passalacqua 96940 (N.Y. App. June 9, 2005)
July 2005: Tennessee Court of Appeals Dismisses Action against State Agency Alleging Negligent Advice Concerning Disposal of Hazardous Waste Wells v. State of Tennessee E2004-02345-COA-R3-CV (Tenn. App. April 28, 2005)
Glen Cove
July 2004: District Court in New York Grants Motion by Third Party to Intervene in CERCLA Cost Recovery Action. United States v. City of Glen Cove, ___F.Supp.2d___ CV-03-4975 (TCP) (MLO) (E.D. N.Y April 29, 2004).
Guilderland
March 2006: Second Circuit Finds Environmental Group’s Article III Standing to Sue under the Clean Water Act Must Be Established before Dismissal for Lack of Statutory Standing Alliance for Environmental Renewal, et al. v. Pyramid Crossgates Company, et al., ___F.3d___ 04-3000-CV (2nd Cir. Jan. 24, 200)
Lockport
May 2007: District Court Finds Storm Water Runoff from Construction Projection Is Proper Basis for Clean Water Act Jurisdiction Patterson, et al. v. The Barden & Robenson Corporation, ___F.Supp.2d___ 04-CV-0803E (W.D. N.Y. February 16, 2007)
April 2007: District Court Finds Storm Water Runoff from Construction Projection Is Proper Basis for Clean Water Act Jurisdiction Patterson, et al. v. The Barden & Robenson Corporation, ___F.Supp.2d___ 04-CV-0803E (W.D. N.Y. Feb. 16, 2007)
Long Island Sound
June 2008: Second Circuit Let’s Stand Connecticut DEP’s Denial of Water Quality Certification to Build Gas Pipeline from Connecticut to New York across Long Island Sound Islander East Pipeline v. McCarthy (Commissioner of Connecticut Department of Environmental Protection), ___F.3d___ 06-5764-AG (2nd Cir. May 2, 2008)
Merrick Bay
August 2006: New York Supreme Court Holds that Riparian Owners Enjoy Access to Navigable Waters even if that Right Exceeds the Rights Granted by the Regulating Municipality Muraca v. Meyerowitz 003241/05 (N.Y. July 10, 2006)
Mineola
March 2006: District Court Refuses to Grant Summary Judgment in a DES Suit Due to Unresolved Fact Questions Cynthia Lee Gassmann v. Eli Lilly and Company, ___F.Supp.2d___ 03-02592 (D. D.C. Dec. 29, 2005)
New York
April 2007: District Court Rules that CERCLA Does Not Preempt State Common Law Claims for Cost Recovery New York v. Ametek, Inc., ___ F.Supp.2d ___ 05 CIV.2186 (S.D. N.Y. Jan. 18, 2007)
New York City
May 2009: New York City Enacts Incentive Plan to Increase the Number of Fuel-Efficient Taxicabs
January 2009: District Court Grants Taxicab Association Injunction against Implementation of State Fuel Economy Regulation Metropolitan Taxicab Board of Trade v. City of New York, ___F.Supp.2d___ 08-7837 (S.D. N.Y. Oct. 31, 2008)
December 2008: Preliminary Injunction Prevents New York City from Implementing Minimum Miles Per Gallon Standards For New Taxis Metropolitan Taxicab Board of Trade, et. al. v. City of New York, et. al injunction issued, Oct. 31, 2008 (S.D. N.Y.)
October 2008: New York City’s Failure to Maintain Dam Not an Adequate Basis to Support Federal Civil Rights Action Elliot v. City of New York, ___F.Supp.2d___ 06-CV-296 (S.D. N.Y. Sept. 8, 2008)
August 2008: New York Trial Court Finds New York City Has Riparian Rights through Industrial Park City of New York v. Gowanus Industrial Park 19083/05 (N.Y. Supreme Court, Kings County, June 27, 2008)
June 2008: Second Circuit Denies Relief for those Allegedly Harmed By EPA’s Response to the ‘9/11’ Terrorist Attacks Benzman v. Whitman, ___F.3d___ 06-1166-cv, (L), 06-1346-cv (CON), 06-1454 (XAP) (2nd Cir. April 22, 2008)
May 2008: New York State Not Liable to Homeowner Down-Gradient from Dam for Flood Damage Allen v. City of New York, 2008 NY Slip Op 02732 Supreme Court (App.Div. 2008)
May 2007: New York High Court Rules New York City’s DEP Abused Its Discretion in Exercising Jurisdiction over Proposed Subsurface Sewage Treatment System Nilsson v. Department of Environmental Protection of City of New York 2007 N.Y.Slip Op. 02790 (N.Y. April 3, 2007)
August 2006: Second Circuit Ruling that New York City Must Obtain an NPDES Permit when Transferring Water between Distinct Waterbodies Appears in Conflict with EPA’s Proposed Water Transfer Rule Catskill Mountains Chapter of Trout Unlimited v. City of New York, ___F.3d___ 03-7203(L) and 03-7253(XAP) (2nd Cir. June 13, 2006)
January 2006: Preserving Water Supply through Land Conservation: Efforts by New York and New Jersey
August 2005: Trends in Water Law Litigation in the Eastern United States
July 2005: Recent Investigations, Settlements, Penalties and Sanctions
July 2005: District Court in New York Finds Pesticide Spray Particles Released over Water Are Pollutants under the Clean Water Act No Spray Coalition, Inc. v. The City of New York, ___F.Supp.2d___ 00-6234 (S.D. N.Y. June 16, 2005)
May 2005: Second Circuit Rejects ‘Insular Religious Community’ Defense for Criminal Asbestos Violations United States v. Marvin and Isaac Rubenstein, ___F.3d___ 03-1721 (March 31, 2005)
January 2005: New York District Court Holds Pollution Exclusion Clause Does Not Include Contaminants such as Lead Paint Herald Square Loft Corp. v. Merrimack Mutual Fire Insurance, ___F.Supp.2d___ 03 Civ. 7682 (S.D. N.Y. Nov. 16, 2004)
January 2004: Second Circuit Finds that Congress Intended the Citizen-Suit Provision of the Clean Water Act to Operate Regardless of whether the Claimed Violation of CWA also Violated FIFRA No Spray Coalition, Inc. v. City of New York ___F.3d___, Case No. 02-9484 (2nd Cir. Dec. 9, 2003).
November 2003: Second Circuit Holds Cleanup Of New York City Post Office Anthrax Not An Emergency Removal Under Cercla APWU v. Potter ___F.3d___, Case No. 02-56186 (2nd Cir. Sept. 15, 2003).
September 2003: Court of Appeals Strikes Down New York City Lead- Based Paint Regulation New York City Coalition to End Lead Poisoning, Inc. v. Vallone Case No. 80 (N.Y. App. July 1, 2003).
April 2003: Water Agencies Take Special Interest in Two East Coast Clean Water Act Cases Requiring NPDES Permits for Large Water Purveyors Catskill Mountains Chapter of Trout Unlimited v. City of New York, 273 F.3d 481 (2d Cir. 2001); Miccosukee Tribe of Indians of Florida v. South Florida Water Management District 280 F.3d 1364 (11th Cir. 2002).
Niagara Falls
January 2007: Second Circuit Holds Property Damage Includes the Passive Migration of Contamination into Soil and Groundwater for Purposes of Insurance Coverage Olin Corporation v. Certain Underwriters at Lloyd’s of London, ___F.3d___ 05-5123-cv (2nd Cir. Nov. 7, 2006)
Niagra County
July 2005: Second Circuit Holds Claims against the Federal Government Relating to Military Contamination Were Time-Barred and Sought Improper Response Costs Syms v. Olin Corporation, ___F.3d___ 03-6234 (2nd Cir. May 18, 2005)
Onondaga Lake
November 2006: Second Circuit Remands Thorny Question of Liability of State Governmental Entities in Conjunction with Eminent Domain/Clean Water Act Cleanup Litigation City of Syracuse v. Onondaga County, ___F.3d___ 04-0718-cv (2nd Cir. Sept. 21, 2006)
Oswego
June 2003: District Court Rejects Argument that Retroactive Application of CERCLA Section 113 Is Unconstitutional. PAS Oswego Site Performing Group v. Alcan Aluminum Corp., ___F.Supp.2d___, Case No. CV-1534 (N.D. N.Y., April 3, 2003).
February 2003: Second Circuit Finds Divisibility of Harm Defense Not Applicable to Oil Emulsion Containing Heavy Metals and PCBs United States v. Alcan Aluminum Corporation, ___F.3d___, Case NO. No. 01-6008 (2nd Cir. Jan. 7, 2003).
Queens
June 2003: Third Circuit Holds Former Owner Liable under CERCLA, but Not for Ultrahazardous Activity Outlet City, Inc. v. West Chemical Products, Inc. ___F.3d___, Case No. 02-2055 (3rd Cir. March 24, 2003).
Queensbury
November 2007: New York Appellate Division Finds Seller’s Actions in Illegally Filling in Wetlands Did Not Render Property ‘Unmarketable’ to Buyer as a Matter of Law Cone v. Daniel, 2007 N.Y.Slip.Op. 07801 (N.Y. App. Oct. 18, 2007)
Red Hook Recreation Area
August 2008: New York Trial Court Finds New York City Has Riparian Rights through Industrial Park City of New York v. Gowanus Industrial Park 19083/05 (N.Y. Supreme Court, Kings County, June 27, 2008)
Richmond County
June 2007: New York Trial Court Finds Residential Discharge of Wastewater May Lead to Wetlands Violation Liability Pland Place Realty Corp. v. Hauber 11917/02 (Richmond County Supreme Ct. April 24, 2007)
Rochester
February 2009: District Court Dismisses Citizen Suit under RCRA against Environmental Consultant Due to Lack of Privity of Contract Ridge Seneca Plaza, LLC v. BP Products North America, et al., ___F.Supp.2d___ 06-CV-6333 (W.D. N.Y. Dec. 16, 2008)
Saratoga County
March 2009: Lawsuit Challenges Legality of RGGI States’ Role as the Laboratories for Developing Carbon Markets Indeck Corinth, L.P. v. State of New York filed Jan. 29, 2009 (Saratoga County Supreme Court)
Schenectady
January 2008: District Court Upholds Landowners’ and Employees’ Claims for PCB Contamination against Chemical User and Manufacturer Abbatiello v. Monsanto Co., Solutia, Inc., ___F.Supp.2d___ 06 Civ. 0266(VM), 06 Civ. 3461 (VM), 07 Civ. 3258 (VM) (S.D. N.Y., Nov. 5, 2007)
Schoharie Reservoir
August 2006: Second Circuit Ruling that New York City Must Obtain an NPDES Permit when Transferring Water between Distinct Waterbodies Appears in Conflict with EPA’s Proposed Water Transfer Rule Catskill Mountains Chapter of Trout Unlimited v. City of New York, ___F.3d___ 03-7203(L) and 03-7253(XAP) (2nd Cir. June 13, 2006)
Seneca Falls
June 2006: New York District Court Allows a Responsible Party to Maintain a CERCLA Section 107 Claim but Finds for Defendant on Divisibility Defense Seneca Meadows, Inc. v. ECI Liquidating, Inc., et al., ___F.Supp.2d___ 95-CV-6400L (W.D. N.Y. April 20, 2006)
Southhold
November 2008: New York Appellate Division Offers No Relief to Homeowner Who Challenged a Neighboring Dock Refurbishment in a Wetlands Area Zupa v. Board of Trustees of Town of Southold 864 N.Y.S.2d 142 (2008)
Suffolk County
January 2009: District Court Finds Suffolk County Not Liable under the Clean Water Act for Pesticide Use Resulting in Fish Kills Peconic Baykeeper, Inc. v. Suffolk County, ___F.Supp.2d___ CV 04-4828 (E.D. N.Y. Nov. 17, 2008)
March 2004: New York State Court Applies “Four Corners” Test Contract Law to Lease which Addresses Environmental Liability State of New York v. Robin Operating Corp. Case No. 93977 (N.Y. Supr. Ct. App. Div. Jan. 22, 2004).
Syracuse
November 2006: Second Circuit Remands Thorny Question of Liability of State Governmental Entities in Conjunction with Eminent Domain/Clean Water Act Cleanup Litigation City of Syracuse v. Onondaga County, ___F.3d___ 04-0718-cv (2nd Cir. Sept. 21, 2006)
Tonawanda
October 2005: Second Circuit Affirms Default Judgment Entered in CERCLA Case as a Result of Defendant’s Failure to Timely Appear State of New York v. Green, ____F.3d____ 04-4070-CV (2nd Cir. Aug. 18, 2005)
Town of Gates
September 2004: New York District CourtDeclines to Dismiss Landowner’s Action under § 107 of CERCLA because Owner Might Qualify for the “Third Party” or “Innocent Purchaser” Defense Emerson Enterprises, LLC v. Kenneth Crosby Acquisition Corp.,___F.Supp.2d___ 03-CV-6530 CJS (W.D. N.Y. June 23, 2004)
Town of South East
January 2008: Twenty Years Later, N.Y. High Court Approves Application for Land Development and Sewage Treatment Plant despite Drinking Water Implications In the matter of Riverkeeper, Inc. v. Planning Board of Town of South East 2007 N.Y. slip. op. 09064 (N.Y. Nov. 19, 2007)
Utica
March 2003: Second Circuit Holds that Landowner Is Not a Discharger where Waste Originates with Neighbor and Merely Flows across Landowner's Property Niagara Mohawk Power Corp. v. Jones Chemical, Inc., et al ___F.3d___, Case No. 01-7932 (2nd Cir. Jan. 7, 2003).
Van Buren
March 2002: New York District Court Finds that State May Reimburse Municipality for Toxic Cleanup, then Seek Reimbursement under CERCLA against Responsible Parties New York v. Moulds Holding Corp. ___F.Supp.2d___,Case No.00-CV-1034 (N.D.N.Y.,Jan.28,2002)
Victor
October 2006: Second Circuit Finds Landfill Operator Time Barred from Pursuing Indemnification of Response Costs under CERCLA’s § 107 Schaefer v. Town of Victor,___F.3d___ 05-1949-CV (2nd Cir. July 13, 2006)
November 2004: Landfill Operator Loses All Claims in Contribution Due to Lapsed Statute of Limitations under CERCLA Schaeffer v. Town of Victor, ___F.Supp.2d___ 99-CD-6010 (W.D. N.Y. Sept. 23, 2004)
Wallkill
July 2007: Bank Settles Suit Alleging CERCLA Operator Liability New York v. HSBC Bank, USA N.A. 07-3160, S.D. New York, settlement entered, May 22, 2007
Waterloo
July 2005: District Court in New York Finds that Settlement under State Hazardous Waste Laws Does Not Provide Right to Contribution under CERCLA W.R. Grace & Co. v. Zotos International Inc., ___F.Supp.2d___ 98-CV-383, (W.D. N.Y. May 3, 2005)
Westchester County
November 2005: Second Circuit Holds CERCLA Liable Party May Sue under Section 107(a) for Response Costs Incurred Voluntarily Consolidated Edison Co. of New York, Inc. v. UGI Utilities, Inc., ___F.3d___ 04-2409-cv (2nd Cir. Sept. 9, 2005)
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