James Stewart


  • Monday, April 5, 2010
    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 the Lighthouse Pointe property into the Brownfield Cleanup...
  • Tuesday, June 30, 2009
    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 importance of "intent to dispose" when imposing arranger...
  • Recent Case Law Clarifies Ways Third Parties May Participate In Envionmental Permitting Decisions
    Saturday, April 1, 2006
    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 Adjudicatory Hearings