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Office of Renewable Energy Siting Proceedings, Article 94-c

Representing Governments, Local Agencies, and the Public in ORES Article 94-c Proceedings

The Zoghlin Group’s Office of Renewable Energy Siting (ORES) Practice Group focuses on helping local governments, local agencies, individuals, and interest groups participate in power plant siting proceedings under Article 94-c of the New York State Executive Law.

Whether you support a proposed project in your community, or whether you have serious concerns about potential impacts, The Zoghlin Group will help you navigate the new and complicated Article 94-c administrative process by which the newly created Office of Renewable Energy Siting (“ORES”) will review and approve permits for large scale renewable energy facilities.

Specific Article 94-c Services:

The Zoghlin Group provides comprehensive representation to parties seeking to participate in an Article 94-c Proceedings. Our services include:

  • Guidance to towns or other municipalities with questions about the Article 94-c process;
  • Review of whether proposed projects are in compliance with local laws;
  • Assistance with PILOT and HCA negotiations;
  • Guidance to public interest groups with concerns about project impacts;
  • Guidance to individuals or businesses who have concerns about impacts on their property;
  • Guidance to developers on how to promote meaningful public participation and address community concerns;
  • Full representation in the Article 94-c process;
  • Assistance in identifying and framing substantive and significant issues of concern requiring adjudication by an ORES administrative law judge;
  • Party status requests;
  • Local Agency Fund requests (these funds are similar to the Intervenor Funds available under the Article 10 process);
  • Assistance with identification and retention of subject matter experts;
  • Assistance in drafting motions, information requests, testimony, and briefs;
  • Representation during cross-examination hearings;
  • Settlement negotiations with developers and other State Agencies.

The Zoghlin Group also advises towns regarding local wind and solar laws, and the scope of Article 94-c’s preemption of local laws.

Our Firm has represented private institutions, businesses, and individuals in the area of education law. We provide services to clients with regard to:

  • General Counsel Services
  • Prosecution and defense of enforcement proceedings against board members, staff and students
  • Litigation
  • Permitting
  • Freedom of Information Law requirements, procedures and challenges
  • Religious Land Use and Institutionalized Persons Act (RLUIPA) challenges
  • Open Meetings Law requirements, procedures and challenges
  • Compliance with State and Federal laws and regulations
  • Special Education compliance and advocacy
  • Contract Disputes
  • Internal policies, procedures, manuals and trainings
  • Dispute Resolution

The Zoghlin Group offers a range of cannabis/marijuana and hemp related services for municipalities and cultivators/farmers, processors, and vendors:

Municipalities:

  • Special Counsel – Marijuana Law and Policy
    • Counselling on municipal policy priorities and goals.
    • Researching and drafting white papers or other policy papers.

  • Drafting Marijuana Laws
    • Assistance in drafting local cannabis/marijuana legislation related to land use, zoning, environmental, and municipal law issues.
    • Advising municipalities on how to properly adopt local laws and amend zoning codes to address cannabis/marijuana and hemp related issues, including environmental reviews and procedural requirements for adoption of legally defensible laws and regulations.

  • Municipal Defense Counsel
    • Defending municipalities in Article 78 proceedings and/or declaratory judgment actions challenging, for example, the adoption of local laws, the denial of permits, the adequacy of environmental reviews, and/or zoning decisions related to cannabis/marijuana regulations.

Farmers/Cultivators, Processors, and Vendors — How To Comply With federal, state, and/or legal restrictions.

  • Due Diligence - Legal Viability of Cannabis/Marijuana Development:
    • Review of state and local laws and regulations to identify and advise on relevant restrictions on cultivation, processing, or sale in your project area.

  • Zoning and Land-Use Permit Applications:
    • Site plan and other local land use applications to municipal boards to obtain approvals for cannabis/marijuana farms or processing/cultivation facilities.
    • Appearance before local boards, including planning boards, zoning boards, town boards, and boards of appeal.
    • Negotiation of approval conditions.
    • Administrative appeals of initial denials of local approvals.
    • Court Actions: Prosecuting Article 78 petitions and/or hybrid declaratory judgment actions challenging denials of zoning approvals or permit/licenses applications.

  • Retail Permits and Licenses:
    • Preparation of Permit/License and other Applications to state and local agencies.
    • Administrative appeals of initial denials of permits, licenses, or other required approvals.
    • Court Actions: Prosecuting Article 78 petitions and/or hybrid declaratory judgment actions challenging denials of licenses, permits, or other approvals.

  • Government Investigations and Enforcement Actions:
    • Assistance in responding to government investigations, notices of violation, or other administrative enforcement actions (but not criminal investigations or prosecutions).
    • Response to subpoenas or other requests for information.
    • Defence counsel in administrative proceedings.

  • Civil Actions:
    • Defence against private lawsuits.
    • Negotiating with adverse parties to resolve and settle lawsuits.

  • Appeals:
    • Appealing adverse court decisions as needed to higher courts.

For more information about our cannabis/marijuana practice group, or for inquiries related to these practice areas, please contact Jacob H. Zoghlin or Mindy L. Zoghlin.

Government Accountability

The Zoghlin Group is proud to have a strong track record of bringing claims on behalf of clients related to government accountability. As Justice Louis Brandeis once said, “Sunshine is the best disinfectant.” From services related to Freedom of Information requests and the Open Meetings Law to commencing special proceedings against local governments, county governments, state and federal agencies and beyond.

Freedom of Information Practice Area – State FOIL and Federal FOIA Requests

New York’s Freedom of Information Law (“FOIL”) law aims to promote confidence in government by making non-private agency records accessible to the public.

As local reporting declines and the Internet shifts attention away from local concerns and towards national and global issues, the internal operations of state and local governments have become less transparent. Now more than ever, FOIL offers an important tool for individuals, groups, and businesses to gain access to government records, promote transparency, and provide a check on local power. Likewise, the federal Freedom of Information Act (“FOIA”) grants public access to federal government records, subject to specific exceptions.

FOIL requires state and municipal agencies to maintain records, and grants the public rights to review and copy those records. It also establishes an administrative appeal processes to deal with agency denials of requests for records.

When administrative appeals are denied, members of the public can bring a lawsuit to compel disclosure of government records. State law gives courts the authority to award attorneys’ fees to a plaintiff who successfully brings a court action to force disclosure of withheld records.

Whereas the press and those concerned with government oversight sometimes use FOIL/FOIA to make information public, others use it to obtain evidence in anticipation of litigation, to stay informed about projects that may affect them, or simply to monitor what government agencies are up to.

FOIL Services:

The Zoghlin Group offers are range of FOIL/FOIA related services for those seeking access to agency records, including:

  • Making FOIL Requests:
    • Identifying agencies who may have records related to your project, legal matter, or area of concern;
    • Preparing effective FOIL requests, and following-up on such requests as needed;
  • Reviewing FOIL Responses:
    • Reviewing responses to FOIL requests and disclosures of requested records;
    • Negotiating with agencies to obtain the release of requested materials without litigation;
  • Appealing FOIL Denials:
    • Administratively appealing unreasonable agency denials of FOIL requests;
  • Court Proceedings:
    • commencing and prosecuting Article 78 proceedings to obtain access to requested records when administrative appeals are denied; and

    • Seeking court orders awarding attorneys fees to successful plaintiffs.

Reverse FOIL Services:

Under certain circumstances, where government disclosure would be inappropriate or harmful, we can also help businesses or individuals oppose agency disclosure of requested records, including records containing trade secrets, private materials, or other information protected by state or federal law. These “reverse FOIL” matters often arise when a business is required to disclose certain information to a government entity, and where a third-party attempts to use FOIL to compel the government to disclose that information. In situations such as these, the Zoghlin Group offers the following services:

  • Drafting written demand letters to agencies requesting that materials submitted to such agency, as required by law, be exempt from disclosure under FOIL;
  • Reviewing agency determinations on requested exemptions;
  • Preparing written statements of the necessity for granting or continuing exceptions. This comes up when a government agency notifies a business that someone has sought disclosure of information that the business requested be exempt from disclosure under FOIL;
  • Negotiating with agencies to maintain the confidentiality of exempt materials;
  • Administratively appealing unreasonable denials of requests for exceptions; and
  • Commencing and prosecuting Article 78 proceedings to grant or continue an exception.

We provide FOIL/FOIA related services on an hourly basis and, under certain circumstances, on a flat-fee basis.

Additional information about FOIL is maintained on a New York State website, and is available at: href=“https://www.dos.ny.gov/coog/Right_to_know.html#foil and https://www.dos.ny.gov/coog/pdfs/right2know.pdf

Experience:

Open Meetings Law

The Open Meetings Law aims to promote confidence in government decision-making ensuring that public business is conducted in an “open and public manner.” The law is based on the premise that democratic societies require, for their proper maintenance and functioning, access to public bodies and their decision-making processes. As Justice Louis Brandeis once said, “Sunshine is the best disinfectant.”

With today’s 24-hour news cycle, local governments and politicians have become increasingly concerned that a comment or action will be misinterpreted or taken out of context. Unfortunately, this perception incentivizes those in power to conduct public business behind closed doors, essentially preventing the public from overseeing and observing the conduct of public business.

The Open Meetings Law gives the public the right to attend and observe the meetings of public bodies, with limited exceptions. It also imposes notice requirements on public bodies, and gives the public the right to review materials that are scheduled to be discussed or voted on at the meetings of a public body.

Whereas the press and those concerned with government oversight sometimes rely on the Open Meetings Law to gain access to meetings in order to make information public, others use it to obtain evidence in anticipation of litigation, stay informed about projects that may affect them, or simply to monitor what local municipalities, boards, and other public bodies are up to.

The Zoghlin Group offers are range of services related to New York’s Open Meetings Law for municipalities, individuals, businesses, and citizen groups.

Municipalities:

  • Special Counsel
    • Reviewing municipal, agency, and board rules and counselling agencies on whether such rules comply with the Open Meetings Law.
    • Providing trainings or workshops for new and existing municipal officials on the requirements of the Open Meetings Law.
    • Researching and preparing white papers on specific issues involving the Open Meetings Law.
    • Preparing and submitting requests for advisory opinions to New York State’s Committee On Open Government to obtain clarification on whether past, present, or planned conduct complies with the requirements of the Open Meetings Law.
  • Municipal Defense Counsel
    • Defending municipalities/agencies in lawsuits challenging and/or seeking to annul official actions, resolutions, or approvals for alleged violations of the Open Meetings Law.
    • Defending municipalities/agencies in lawsuits seeking to recover attorneys’ fees for alleged violations of the Open Meetings Law.
    • Negotiating with adverse parties to resolve and settle lawsuits.
    • Appealing adverse court decisions as needed to higher courts.

Individuals, Businesses, And Citizen Groups:

  • Trainings:
    • Provide trainings or workshops on the public’s rights under the Open Meetings Law, and the obligations of municipal boards.
  • Advice:
    • Advising clients on whether past conduct, current rules, or proposed government action(s) violate the Open Meetings Law.
    • Identifying legal options available to address or vindicate potential Open Meetings Law violations.
    • Preparing and submitting requests for advisory opinions to the Committee on Open Government seeking clarification as to whether certain government conduct violates the Open Meetings Law.
  • Civil Actions:
    • Prosecuting Open Meetings Law violations.
    • Negotiating with adverse parties to resolve and settle lawsuits.
    • Pursuing annulment of government actions/approvals taken in violation of the Open Meetings Law.
    • Seeking court orders awarding attorneys’ fees to successful plaintiffs.
    • Appealing adverse court decisions as needed to higher courts.

Decisions:

  • Rivers v. Rush-Henrietta Central School District Board of Education, Monroe County Supreme Court Index No. E2020007016 (January 29, 2021) (Holding that the Rush-Henrietta Board of Education violated the Open Meetings Law when it discussed a request to use school facilities for a summer camp in executive session to avoid community push back)
  • Appeal of Douglas J. Rivers, NYS Commissioner of Education, Decision No. 17,989 (May 7, 2018) (Holding for the first time that information divulged from an executive session held in violation of the Open Meetings Law is not confidential within the meaning of the Education Law and is not a removeable offense)

Experience:

  • Jacob H. Zoghlin, Esq., Ensuring Local Governments Comply With The Law: An Overview of New York’s Open Meetings Law, Speaker/CLE Presenter at National Business Institute Event, April 5, 2019.
  • Jacob H. Zoghlin, Esq., Navigating Open Meetings Law Compliance Issues, Speaker/CLE Presenter at National Business Institute Event, March 22, 2018.


Litigation

When appropriate, we assist clients in commencing legal actions government actors to hold those actors accountable. This may include:

  • Challenges to State actions that adversely impact the community;
  • Challenges to a municipality’s Local Laws and Code;
  • Challenges to State or municipal actions and determinations;
  • Challenges to and participation in proceedings in connection with the siting, construction or expansion of solid waste facilities;
  • Participation in proceedings in connection with NYISO Interconnection Process and Article VII review process when new energy producing projects seek to connect to a municipal energy system; and
  • Challenges to and participation in proceedings in connection with the siting, construction or expansion of energy producing projects.

For more information about our Government Accountability practice group, or for inquiries related to these practice areas, please contact Jacob H. Zoghlin, or Mindy L. Zoghlin.

We help our clients maintain and redevelop properties with historical designations. We work with local, state, federal and private preservation experts to identify ways to balance the competing interests of historic preservation and fiscal responsibility.

Our historic preservation services include:

  • Identifying legal restrictions on the redevelopment of properties of historic significance;
  • Working with historic preservation experts to develop plans to protect historic resources in a fiscally responsible manner;
  • Evaluating the feasibility of conservation easements and other tools to promote our clients’ interests; and
  • State Environmental Quality Review Act (“SEQRA”) compliance, including ensuring that potentially significant adverse impacts to historic resources are mitigated to the maximum extent practicable.

Our experience representing individuals, community groups, and businesses with respect to zoning, land use and environmental matters has given us insight and an informed approach to representing municipalities. We have represented municipalities both as Special Counsel and General Counsel.

As General Counsel to municipalities we:

  • advise the municipal board regarding applications submitted to it;
  • attend municipal board meetings and other appointments as requested;
  • assist the municipal board in conducting its municipal business in accordance with procedural and substantive legal requirements;
  • render legal advice in matters related to the municipal board’s official capacity;
  • help the municipal board prepare for public meetings and hearings; and
  • make recommendations to the municipal board regarding proposed amendments to the municipal code.

As special counsel, we represent municipalities seeking to prosecute and defend claims related to environmental, land use, and zoning matters, including:

  • bring municipal challenges to State actions that adversely impact the municipality;
  • defend the municipality’s Local Laws and Code;
  • assist in a drafting legislation and Code changes;
  • render advice in SEQRA matters;
  • defend municipal actions and determinations in Article 78 proceedings or other lawsuits;
  • assist in drafting and revising local laws;
  • assist in drafting and revising wind and solar energy zoning laws;
  • represent municipalities in Article 10 proceedings and 94-c proceedings for large power plant siting, CPCN proceedings for large power plant operations, and Article VII proceedings for transmission line siting; and
  • represent municipalities in connection with the siting, construction or expansion of renewable or other energy producing projects within their borders and subject to local permitting requirements.

Environmental Investigations
If you or your business are under investigation by the DEC, EPA, law enforcement, or other government agencies The Zoghlin Group can help you. We help our clients understand and assess potential liability, respond to search warrants, subpoenas or discovery requests, and settle or defend against claims.

Enforcement Actions:
The Zoghlin Group can help you or your business appropriately respond to investigations and enforcement or cost recovery actions related to potential violations of the following statutes and regulations:

  • Clean Air Act
  • Clean Water Act
  • New York State Environmental Conservation Law and related Department of Environmental Conservation regulations
  • Resource Conservation and Recovery Act (RCRA)
  • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
  • New York Oil Spill Law (Navigation Law Article 12)
  • Nuisance and Tort Actions based on environmental allegations

Whether the New York State Attorney General, federal prosecutors, or a state or federal agency has placed you or your business under scrutiny, The Zoghlin Group help you manage your response.

Criminal Investigations:

When allegations are particularly serious and the possibility of criminal liability exists, The Zoghlin Group can draw on its experience to advocate on your behalf. Our criminal and environmental attorneys have the combined experience needed to defend against allegations of environmental crime.

Please contact Mindy L. Zoghlin, Esq.or Jacob H. Zoghlin, Esq. with any inquiries.

Renewable Energy Siting
The Zoghlin Group can assist renewable energy developers with state and local permit and approvals. Our energy practice fits well with our extensive experience in environmental, municipal, land use, and zoning law.

Representing Developers of Small and Community Scale Renewable Energy Projects
For proposed projects smaller than 25 MW in size, The Zoghlin Group can provide valuable services to developers such as:

  • Analyze zoning code and local law to determine local regulatory requirements;
  • Represent developers before town, zoning, and planning boards;
  • Apply for special use permits, rezoning, site plan review, and overlay districts;
  • Assist with SEQRA review and preparation of Environmental Impact Statements; and
  • Request local laws revisions.

Representing Municipalities with Renewable Energy Siting Issues
Whether a town strongly supports expanded renewable energy development, or has concerns about whether renewable energy facilities fit within its plan for development, The Zoghlin Group can help municipalities draft and revise laws, implement policies, or review specific applications. We provide the following services to towns:

  • Draft or amend local zoning laws, wind law, and solar law;
  • Help Town Attorneys process specific renewable energy proposals;
  • Help Towns comply with SEQRA requirements;
  • Represent towns in the 94-c siting process for renewable energy projects; and
  • Represent towns in the Article 10 siting process for projects greater than 25 MW in size.

Representing Applicants in the Article 10 Process
The Zoghlin Group’s Article 10 Practice Group helps individuals, interest groups, and municipalities participating in large power plant siting proceedings under Article 10 of the New York State Public Service Law. The Zoghlin Group will help you navigate the complicated Article 10 administrative process. Additional information about our Article 10 practice is available here.

Other Energy Law Services
We also represent municipalities in connection with NYISO Interconnection Process, and and Article VII review process for proposed transmission lines. We help our energy law clients with a wide variety of renewable energy matters. The Zoghlin Group now represents clients in the new 94-c siting process of renewable energy projects through the Office of Renewable Energy Siting (ORES). Additional information about our ORES practice is available here.

Article 10 of the Public Service Law

Representing Parties and Intervenors in the Article 10 Process
The Zoghlin Group’s Article 10 Practice Group focuses on helping individuals, interest groups, and towns participating in power plant siting proceedings under Article 10 of the New York State Public Service Law.

Whether you support a proposed project in your community, or whether you have serious concerns about potential impacts, The Zoghlin Group will help you navigate the complicated Article 10 administrative process.

Specific Article 10 Services to Parties and Intervenors:
The Zoghlin Group provides comprehensive representation to parties seeking to participate in an Article 10 Proceeding. Our services include:

  • Guidance to towns or other municipalities with questions about the Article 10 process, and the relationship between Article 10 and Home Rule;
  • Guidance to public interest groups with concerns about project impacts;
  • Guidance to individuals or businesses who have concerns about impacts on their property;
  • Guidance to developers on how to promote meaningful public participation and address community concerns;
  • Full representation of individuals, interest groups and towns in the Article 10 process;
  • Local party status requests;
  • Intervenor fund requests;
  • Assistance during stipulation and application scoping phase of Article 10 (the pre-application phase, also knowns as the stipulation phase);
  • Assistance with identification and retention of subject matter experts;
  • Assistance in drafting motions, information requests, testimony, and briefs;
  • Representation during cross-examination hearings;
  • Settlement negotiations with developers and other State Agencies.

The Zoghlin Group also advises towns regarding local wind and solar laws, and the scope of Article 10’s preemption of local laws.

Experience:
The Zoghlin Group and its attorneys have participated, or are currently participating, in the following Article 10 Proceedings:

  • Application of Lighthouse Wind LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct a 201 MW Wind Energy Facility;
  • Horse Creek Wind Farm, LLC, Petition for a Certificate of Environmental Compatibility and Public Need Pursuant to PSL Article 10 for a Major Energy Generating Facility;
  • Application of Atlantic Wind LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of the Deer River Wind Energy Project in Lewis and Jefferson Counties;
  • Application of Canisteo Wind Energy LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of a Wind Energy Project in Steuben County;
  • Application of Eight Point Wind, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct a Wind Energy Project;
  • Application of Baron Winds, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct a Wind Energy Facility;
  • Application of Atlantic Wind LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for the Mad River Wind Farm Project in the Towns of Redfield and Worth in Oswego and Jefferson Counties;
  • Application of Number Three Wind LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of a Wind Project Located in Lewis County;
  • Application of Heritage Wind, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for a Wind Energy Generating Facility in the Town of Barre, Orleans County, NY;
  • Application of Franklin Solar, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for Construction of a Solar Electric Generating Facility Located in the Town of Malone, Franklin County.
  • Application of Horseshoe Solar Energy LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of Horseshoe Solar Farm, a 180 MW Solar Electric Generating Facility Located in the Town of Caledonia, Livingston County and the Town of Rush, Monroe County.
  • Application of Bear Ridge Solar, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for Construction of a Solar Electric Generating Facility in the Towns of Cambria and Pendleton, Niagara County.
  • Application of High Bridge Wind, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct an Approximately 100 MW Wind Powered Electric Generating Facility Located in the Town of Guilford, Chenango County.
  • Application of Bluestone Wind, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of the Bluestone Wind Farm Project Located in the Towns of Windsor and Sanford, Broome County.
  • Application of Excelsior Energy Center, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for Construction of a Solar Electric Generating Facility in the Town of Byron, Genesee County.
  • Application of Bull Run Energy LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct a Wind Energy Project.
  • Application of Alle-Catt Wind Energy LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for a Proposed Wind Energy Project, Located in Allegany, Cattaraugus, and Wyoming Counties, New York, in the Towns of Arcade, Centerville, Farmersville, Freedom, and Rushford.
  • Application of Boralex, Inc. for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct the Approximately 120-Megawatt Greens Corners Solar Facility Proposed in the Towns of Hounsfield and Watertown, Jefferson County.
  • Application of Hecate Energy Columbia County 1, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 of the Public Service Law for Construction of a Solar Electric Generating Facility Located in the Town of Copake, Columbia County.
  • Application of EDF Renewables for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 for Construction of the Genesee Road Solar Energy Center in the Towns of Sardinia and Concord, Erie County.
  • Application of ConnectGen LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct the South Ripley Solar Project of 270-MW Solar Powered Electric Generating Facility, Located in the Town of Ripley, Chautauqua County.
  • Application of Garnet Energy Center, LLC for a Certificate of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct and Operate a Solar Generating Facility and Energy Storage System in the Town of Conquest, Cayuga County.

Additional Information About Article 10:

If you have questions about Article 10, the status of a particular project, or how you can participate, please do not hesitate to contact The Zoghlin Group for a free consultation. You can also find useful information on the Department of Public Services Article 10 Website, available here.

We help individuals, groups, businesses, developers, and municipalities in all areas of state and environmental law: from development and environmental quality review to litigation.

Development
We help clients who own, purchase, develop, or use contaminated property. We recommend ways to minimize potential liability for past discharges of environmental pollutants. Even someone who unwittingly buys contaminated property may be held responsible for the cost to investigate and clean up the contamination. We know the environmental due diligence that must be performed in connection with significant business transactions such as mergers, acquisitions, and the purchase or sale of real estate. When a client’s property has been contaminated by a previous owner, we work to recover the clean up and investigation costs and to hold the polluters (or their insurance companies) liable. We also help clients evaluate options for tax credits and liability protection in connection with the redevelopment of contaminated properties.

Environmental Quality Review
We guide clients through the entire environmental review process. Most development projects require administrative approvals that trigger environmental review under the State Environmental Quality Review Act (SEQRA) or the National Environmental Policy Act (NEPA). These acts require all potentially significant adverse environmental impacts to be identified and mitigated to the maximum extent practicable. Environmental impacts include factors such as noise, visual impacts, traffic, aesthetic impacts, threatened or endangered species, air quality, parking areas, natural resources, historic resources, and energy use. If the environmental review process is not done properly, the development approvals may be set aside, governmental funding may be revoked, and projects may be significantly delayed. We help ensure the environmental review process is done properly.

Litigation
We have experience in both the prosecution and defense of a variety of environmental claims under New York State and Federal law. We represent innocent property owners in “cost recovery” actions to recover the cost to investigate and clean up contamination. Typically, cost recovery claims are made against prior owners/operators or adjacent owners/operators and likely involve properties that were once used for:

  • Gas stations;
  • Auto repair and service facilities;
  • Dry cleaners;
  • Landfills;
  • Manufacturing;
  • Energy production;
  • Strip malls; or
  • Commercial agriculture.

Additionally, we represent clients whose property has been taken by a regulation that changed the property’s use or by a physical occupation, like flood waters on the property, which was caused by state or local entities without compensation.

We help our clients understand and navigate a wide variety of zoning and land use issues. For example, we assist in applying for and obtaining zoning and state approvals on behalf of municipalities, developers, builders, citizen groups, and individuals. When our clients encounter obstacles to development, we help them negotiate and litigate their claims to remove barriers to developing their properties and to allow them to reach their goals. Additionally, as Special Counsel or General Counsel for Town, Zoning, or other Boards, we advise municipal clients on how to best address their local zoning needs.

Our zoning and land use services include:

  • Project permits;
  • Zoning and rezoning;
  • Easements, conditional use permits, and variances;
  • State Environmental Quality Review Act (“SEQRA”) compliance, including ensuring that procedural and substantive requirements are met through lead agency determination, scoping, and the preparation of Environmental Assessment forms and Environmental Impact Statements, as needed;
  • Special-use permits;
  • Incentive zoning;
  • Subdivision and site plan approval;
  • Takings, eminent domain, and inverse condemnation claims;
  • Historic preservation;
  • Administrative and quasi-judicial proceedings and appeals;
  • Appearing on behalf of clients before zoning, planning, and other boards; and
  • Prosecuting and defending land use decisions through Article 78 or other legal proceedings to challenge or uphold administrative decisions.

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