The Court of Appeals of New York, this past summer, resolved for the first time the issue of whether a "faultless" landowner on whose property petroleum has discharged may be held liable for clean-up costs under the New York Navigation Law. State v. Green, 96 N.Y.2d 403 (2001). The decision helped clarify that the Navigation Law does not impose liability based on a person’s status as an owner of land on which a discharge has occurred, id. at 405, Whitesell v. Walchli, 237 A.D.2d 953 (4th Dep’t 1997), an issue that the Supreme Court of New York, Appellate Division, Third Department, had made unclear with at least two decisions suggesting to the contrary. Art-Tex Petroleum, Inc., v. New York State Dep’t of Audit & Control, 248 A.D.2d 901, 902 (3d Dep’t 1998); State v. Tartan Oil Corp., 219 A.D.2d 111, 114 (3d Dep’t 1996). However, the decision also makes it clear that, as a practical matter, many landowners who lease their land to tenants who plan to use, store or dispense petroleum
