James Periconi focuses on both environmental litigation and regulatory matters. He has had substantial experience representing defendants in governmental actions brought for remediation of Superfund and other contaminated sites, and for prosecution and defense of private cost recovery actions. He has developed innovative approaches to air permitting requirements for research facilities, and has dramatically reduced fines in significant EPA enforcement matters for public companies to below materiality thresholds. 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.
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.
Named to Who’s Who in International Environment Lawyers for 2009-2010, Mr. Periconi, who 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, was chair of the Environmental Law Section of the New York State Bar Association in 2003. He is a member of the Board of Advisors of the Toxics Law Reporter, published by the Bureau of National Affairs in Washington, D.C. The firm is the New York chapter Environmental Law Firm for the International Network of Boutique Law Firms. 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, most recently, of “The State of Environmental Crimes Prosecutions in New York,” 23 Natural Resources and Environment (American Bar Association’s Section of Environment, Energy, and Resources) pp. 11-16 (Winter 2009); co-author, with Delight Balducci, of “New Duties to Tell Tenants if Indoor Air Tests Exceed Markers,” New York Law Journal (12/10/08); and author of “Environmental Due Diligence in Real Estate Transactions,” 3 Bloomberg Corporate Law Journal pp. 40-64 (Winter 2008). 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 J.D. from New York University in 1977.