OF COUNSEL | NEW YORK
James Periconi is Of Counsel at BurgherGray LLP’s New York office. Mr. Periconi focuses on environmental transactional, litigation and regulatory matters. He has had substantial experience representing real property investor/developer and lender clients undertaking environmental due diligence in environmental transactions involving individual commercial and industrial properties, portfolios of such properties, and entire businesses, crafting environmental contractual provisions and overseeing the work of environmental consultants. In addition to the transactional work, Mr. Periconi has represented a diverse array of businesses 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 by federal courts as Special Master in Clean Water Act cases involving the State and City of New York, and environmental non-profit organizations, 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 convictions 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.
Mr. Periconi headed or co-headed the environmental law practice at several medium and large New York general practice law firms prior to founding Periconi, LLC in 2003. He is admitted to practice in the United States Courts of Appeal for the Second, Third and Sixth Circuits, as well as all federal district courts in New York, and was chair of the Environmental Law Section of the New York State Bar Association in 2003-2004. Mr. Periconi was the Chairman of the Board of INFORM, Inc., a New York-based national environmental organization, from 2004-2006.
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.
Mr. Periconi is a graduate of Regis High School (New York), Columbia University (B.A., 1970). In 1972, as a Danforth Graduate Fellow, he received an M.A. in English and Comparative Literature from the University of Virginia. He received his law degree from New York University in 1977.
- J.D., New York University School of Law, 1977
- M.A., University of Virginia, 1972
- B.A., Columbia College, 1970
- State of New York
- US District Court – Northern District of New York
- US District Court – Southern District of New York
- US District Court – Western District of New York
- US District Court – Eastern District of New York
- US Court of Appeals, Sixth Circuit
- US Court of Appeals, Second Circuit
- US Court of Appeals, Third Circuit