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James J. Periconi, Esq.

Of Counsel

Email: jpericoni@bdflegal.com

Telephone: (212) 213-5500

Mr. Periconi focuses on both litigation and regulatory matters. He has had substantial experience representing clients both in governmental actions brought for remediation of Superfund and other contaminated sites and in private cost recovery actions. Mr. Periconi has twice been appointed a federal court Special Master in Clean Water Act cases and often acts as an expert witness in environmental law in federal and state actions, most recently in a half-billion dollar environmental insurance coverage case.

From 1987 through 1989, Mr. Periconi served as Chief of the Solid and Hazardous Waste Enforcement Bureau of the New York State Department of Environmental Conservation. During his tenure there, he oversaw the nation's largest and most complex state Superfund program.

From 1982 to 1987, Mr. Periconi was an Assistant Attorney General in the Environmental Protection Bureau of the New York State Department of Law, where, among other matters, he prosecuted the first hazardous waste felony jury trial to corporate and individual guilty verdicts in New York, and sued the United States Environmental Protection Agency in one of the earliest "acid rain" cases. He served as an Assistant District Attorney in the New York County District Attorney's Office from 1977 to 1980.

In 2003, Mr. Periconi founded Periconi, LLC, a boutique environmental law firm based in Manhattan.  Before that, Mr. Periconi headed or co-headed the environmental law practice at several medium and large New York general practice law firms.

Mr. Periconi is the author of numerous articles, including “Environmental Due Diligence in Real Estate Transactions”, which appeared in Bloomberg Corporate Law Journal (Vol. 3, #1) (2008); co-author, with Matthew R. Jokajtys, of “Shining Some Light Back on the Dark Ages: New York State’s Early Environmental Law and Its Implications for Today’s Environmental Insurance Coverage Disputes”, which appeared in Environmental Claims Journal, 26:4, 287-300 (2014); he is co-author of "CERCLA 'Passive' Disposal Through Migration: Still Alive and Kicking," which appeared in the Toxics Law Reporter and the Environment Reporter (BNA, 2001), and with David Nelson, "The Precedent Setting Use of a Pollution Prevention Project in An EPA Enforcement Settlement: The First Dollar-For-Dollar Penalty Offset," which appeared in the same publications in 1994. A frequent lecturer on environmental law topics, he is a primary co-author of Environmental Law and Regulation in New York (West, 1996), a part of West's award-winning New York Practice series.


Education

  • J.D., New York University (1977)

  • M.A., University of Virginia, Danforth Graduate Fellow (1972)

  • B.A., Columbia University (1970)

 

Admissions

  • New York

  • United States Courts of Appeal for the Second, Third and Sixth Circuits

  • All federal district courts in New York