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In the Matter of FMC Corporation, Respondent,v.New York State Department of Environmental Conservation, Appellant.

Brief

24 Cited authorities

  1. State of N.Y. v. Shore Realty Corp.

    759 F.2d 1032 (2d Cir. 1985)   Cited 506 times   2 Legal Analyses
    Holding that individual defendant was "operator" because he was "in charge of the operation of the facility"

  2. Matter of Bell Petroleum Services, Inc.

    3 F.3d 889 (5th Cir. 1993)   Cited 179 times
    Holding apportionment is possible among the sequential owners of a chrome-plating site, even though the records of the chrome-plating activities were incomplete

  3. Wash. St. Dept of Transp. v. Wash. Natural Gas

    51 F.3d 1489 (9th Cir. 1995)   Cited 112 times
    Holding that request that plaintiff admit that pollutants posed an immediate risk was of no substantial importance because plaintiff was not required to make such a showing

  4. GE CAPITAL v. TAX APPEALS DIV

    2 N.Y.3d 249 (N.Y. 2004)   Cited 86 times
    Observing that because “[t]hird-party finance companies do not carry the burden of collecting sales taxes as a trustee of the State,” it was not arbitrary or capricious for Tax Commission to preclude third parties from pursuing refund claims pertaining to uncollectible debts

  5. In re the Duplan Corporation

    212 F.3d 144 (2d Cir. 2000)   Cited 65 times
    Holding that for purposes of bankruptcy, the earliest date upon which a CERCLA cause of action could accrue was December 11, 1980, the effective date of CERCLA

  6. New York State Superfund Coal., Inc. v. New York State Dep't of Envtl. Conservation

    2011 N.Y. Slip Op. 8996 (N.Y. 2011)   Cited 39 times

    2011-12-15 In the Matter of NEW YORK STATE SUPERFUND COALITION, INC., Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents. Hiscock & Barclay, LLP, Rochester (Thomas F. Walsh, Thomas J. Warth and Danielle E. Mettler of counsel), for appellant. Eric T. Schneiderman, Attorney General, Albany (Andrew B. Ayers, Barbara D. Underwood and Denise A. Hartman of counsel), for respondents. JONES Hiscock & Barclay, LLP, Rochester (Thomas F. Walsh, Thomas J. Warth and Danielle

  7. New York v. Moulds Holding Corp.

    196 F. Supp. 2d 210 (N.D.N.Y. 2002)   Cited 10 times
    Holding there was no double recovery when the state is authorized to pay 75% of the town's liability

  8. State of N.Y. v. N. Storonske Cooperage Co.

    174 B.R. 366 (N.D.N.Y. 1994)   Cited 15 times
    Recognizing that we have not decided this issue

  9. New York v. Almy Bros.

    866 F. Supp. 668 (N.D.N.Y. 1994)   Cited 12 times
    Declaring defendants "liable for the State's future response costs"

  10. Town of Moreau v. New York State Department of Environmental Conservation

    178 Misc. 2d 56 (N.Y. Sup. Ct. 1998)   Cited 1 times

    August 17, 1998 Lewis B. Oliver, Jr., Albany, for petitioners. Dennis C. Vacco, Attorney-General, Albany ( Maureen F. Leary of counsel), for New York State Department of Environmental Conservation and others, respondents. King Spalding (Patricia T. Barmeyer, Atlanta, Georgia, and Edward G. Kehoe, New York City, of counsel), for Orkin Exterminating Company, Inc., respondent. GEORGE B. CERESIA, JR., J. From 1969 to 1986 respondent Abalene Pest Control Service, Inc. (Abalene) operated a termite and

  11. Section 9607 - Liability

    42 U.S.C. § 9607   Cited 3,264 times   64 Legal Analyses
    Holding certain listed persons strictly "liable" for specified cleanup costs

  12. Section 9613 - Civil proceedings

    42 U.S.C. § 9613   Cited 2,175 times   37 Legal Analyses
    Granting federal district courts "exclusive original jurisdiction" of CERCLA actions

  13. Section 6928 - Federal enforcement

    42 U.S.C. § 6928   Cited 341 times   12 Legal Analyses
    Authorizing civil actions by the EPA Administrator

  14. Section 6926 - Authorized State hazardous waste programs

    42 U.S.C. § 6926   Cited 186 times   1 Legal Analyses
    Authorizing state programs so long as they are “equivalent to” and “consistent with” RCRA's regulations

  15. Section 6925 - Permits for treatment, storage, or disposal of hazardous waste

    42 U.S.C. § 6925   Cited 182 times
    Permitting of subtitle C facilities

  16. Section 300.430 - Remedial investigation/feasibility study and selection of remedy

    40 C.F.R. § 300.430   Cited 165 times   4 Legal Analyses
    Describing the process of compiling a remedial investigation/feasibility study, which "includes the following activities: project scoping, data collection, risk assessment, treatability studies, and analysis of alternatives"

  17. Section 261.24 - Toxicity characteristic

    40 C.F.R. § 261.24   Cited 37 times   2 Legal Analyses

    (a) A solid waste (except manufactured gas plant waste) exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, test Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in § 260.11 of this chapter, the extract from a representative sample of the waste contains any of the contaminants listed in table 1 at the concentration equal to or greater than the respective value given

  18. Section 375-1.8 - Remedial program

    N.Y. Comp. Codes R. & Regs. tit. 6 § 375-1.8   Cited 12 times

    (a) The goals of each remedial program are set forth respectively in sections 375-2.8, 375-3.8 and 375-4.8 of this Part. To achieve the applicable goals the remedial program may include, but not be limited to, the actions set forth in this section. (1) A site may be divided into operable units, as defined in section 375- 1.2(af) of this Subpart. (2) Multiple work plans and reports may be approved for a site, as set forth in section 375-1.6 of this Subpart. (3) All remedial programs shall address

  19. Section 375-2.8 - Remedial program

    N.Y. Comp. Codes R. & Regs. tit. 6 § 375-2.8   Cited 7 times

    (a) The goal of the remedial program for a specific site is to restore that site to pre-disposal conditions, to the extent feasible. At a minimum, the remedy selected shall eliminate or mitigate all significant threats to the public health and to the environment presented by contaminants disposed at the site through the proper application of scientific and engineering principles and in a manner not inconsistent with the national oil and hazardous substances pollution contingency plan as set forth

  20. Section 373-1.3 - Interim status

    N.Y. Comp. Codes R. & Regs. tit. 6 § 373-1.3   Cited 4 times

    (a)General. New York State's hazardous waste management facility permitting program consists of a phase called "interim status" for qualifying facilities and a phase that constitutes the formal permit process. Interim status is a condition under which facilities may operate prior to completing permit processing requirements. It is a temporary measure designed to phase existing facilities into compliance with permit requirements. Only certain facilities will be eligible to receive interim status.

  21. Section 375-2.11 - Miscellaneous

    N.Y. Comp. Codes R. & Regs. tit. 6 § 375-2.11   Cited 4 times

    (a) Prohibitions. (1) Except in the event of an emergency, in which event the remedial party shall comply with section 375-1.5(b)(1) of this Part, no person shall undertake at a site listed in the Registry any physical alteration that constitutes storage, treatment, or disposal of any contaminant which served as the basis for such listing, unless such conduct: (i) is exempted under section 373-1.1(d) of this Title or permitted under Part 373 of this Title, including corrective action under section

  22. Section 701.8 - Class c fresh surface waters

    N.Y. Comp. Codes R. & Regs. tit. 6 § 701.8   Cited 2 times

    The best usage of Class C waters is fishing. These waters shall be suitable for fish, shellfish and wildlife propagation and survival. The water quality shall be suitable for primary and secondary contact recreation, although other factors may limit the use for these purposes. N.Y. Comp. Codes R. & Regs. Tit. 6 § 701.8

  23. Section 373-2.6 - Releases from solid waste management units

    N.Y. Comp. Codes R. & Regs. tit. 6 § 373-2.6   Cited 1 times

    (a)Applicability. (1) (i) Except as provided in paragraph (2) of this subdivision, the regulations in this section apply to owners and operators of facilities that treat, store or dispose of hazardous waste. The owner or operator must satisfy the requirements identified in subparagraph (ii) of this paragraph for all wastes (or constituents thereof) contained in solid waste management units at the facility regardless of the time the waste was placed in such units. (ii) All solid waste management units

  24. Section 373-2.8 - Financial requirements

    N.Y. Comp. Codes R. & Regs. tit. 6 § 373-2.8

    (a)Applicability. (1) The requirements of subdivisions (c), (d) and (h)-(j) of this section apply to owners and operators of all hazardous waste facilities, except as provided otherwise in this section or in section 373-2.1(a) of this Subpart. (2) The requirements of subdivisions (e) and (f) of this section apply only to owners and operators of: (i) disposal facilities; (ii) piles, and surface impoundments from which the owner or operator intends to remove the wastes at closure, to the extent that