discharger

Landlord Liable For NYSDEC Costs Responding to Vapors at Off-Site Properties

MTBE, Navigation Law, oil spills, Underground Storage Tanks, vapor intrusion / By

A property owner was found liable under the New York Navigation Law for cleanup costs incurred by the New York State Department of Environmental Conservation (NYSDEC)responding to gasoline fumes that had migrated a quarter of a mile from the gas station. While the vast majority of the state’s costs were associated with the cleanup of […]

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Tenant Not Liable For Inactive UST Shared With Adjacent Property

Navigation Law, oil spills, Underground Storage Tanks / By

We have discussed in prior posts that New York courts have broadly construed the definition of a “discharger” under the New York Navigation Law. Even owners of property with inactive underground storage tanks (USTs) have been held liable as “dischargers” despite the fact they may have not known about the tank much less exercised any

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NY State Court Affirms Broad Liability for Owners of Property With Old USTs

Environmental Due Diligence, oil spills, Underground Storage Tanks / By

Article 12 of the New York State Navigation Law imposes strict liability on “dischargers” of petroleum. The term “discharger” has been broadly construed so that it can encompass owners of property with abandoned or inactive underground storage tanks (USTs) even where the owners never used the tanks. A recent New York State appeals court illustrates

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