John T. McManus
Member

Mr. McManus is a member of the firm and the Energy and Telecommunications Industry Teams and Environmental Law and Commercial Real Estate Practice Groups.  He also serves on the Real Estate Developers Industry Team.

As part of the Energy, Telecommunications Industry Teams, Mr. McManus advises clients on various legal and regulatory issues.  For example, Mr. McManus represented a major public utility holding company before the New York State Public Service Commission (PSC) in connection with the proposed acquisition of an international power generation company.  Additionally, Mr. McManus represents a national wireless carrier in a dispute with a competitive local exchange carrier in two proceedings before the PSC over a termination rate for certain traffic.

With the Environmental Law Practice Group, he represents corporate and individual clients on a wide range of matters involving permitting, regulatory compliance, civil and administrative enforcement, and dispute resolution.  Mr. McManus’ permitting experience spans facilities involved with power generation, manufacturing, solid waste disposal, construction and demolition debris processing, wireless telecommunications, and housing.  As a result, Mr. McManus has extensive experience with the New York State Environmental Quality Review Act (SEQRA) and other state and federal environmental statutes and regulatory programs that apply to project permitting and siting.  His practice regularly requires him to appear before a variety of federal, state, and municipal agencies involved with the permitting and licensing of facilities and projects.

Additionally, Mr. McManus represents clients in a broad range of complex litigation matters, including commercial and regulatory disputes. His representative matters include:

• Represented a major public utility holding company before the PSC in connection with the proposed acquisition of an international power generation company.
• Representing a large end-use customer in a billing dispute with a utility.
• Representing the owners of approximately 3,000 apartment units located in New York City in proceedings before the PSC for permission to submeter electricity to the tenants.
• Representing oil and gas companies on a variety of regulatory and commercial issues, including lease and right of way disputes, well spacing, compulsory integration, and pipeline siting.
• Represents a national wireless carrier in a dispute with a competitive local exchange carrier in two proceedings before the PSC over a termination rate for certain traffic.
• Co-counsel in securing the permit for the first commercial telecommunications tower to be approved under the New York State Adirondack Park Agency’s "Policy on Agency Review of Proposals for New Telecommunications Towers and Other Tall Structures in the Adirondack Park."
• Successfully opposed a petition for a writ of certiorari to the Supreme Court of the United States on behalf of a provider of telecommunications sites.
• Secured numerous permits and approvals for a sewer extension line in central New York as part of a negotiated order on consent with the New York State Department of Environmental Conservation (DEC).
• Negotiated numerous orders on consent with the DEC on behalf of various public and private entities concerning alleged violations of the Environmental Conservation Law (ex, solid waste, pesticides) and the Navigation Law (ex, oil spills).
• Co-counsel in representing a municipality in connection with a dam safety enforcement proceeding instituted by the DEC.
• Negotiated assurance of discontinuance without penalties on behalf of a manufacturer in connection with an investigation by the Office of the New York State Attorney General concerning certain environmental and advertising issues.
• Co-counsel in securing the necessary permits and approvals for the adaptive reuse of a former petroleum tank farm located on the Hudson River.
• Drafted successful appellate brief that resulted in the reversal of a New York State Supreme Court decision to annul a zoning board of appeals’ determination, which had granted an area variance for the siting and construction of a luxury apartment complex, and allowed the project to be completed.
• Successfully opposed an appeal to a municipal zoning board of appeals seeking to block the construction of an air stripping facility by a private water company.
• Successfully opposed a bus carrier’s application to the New York State Department of Transportation to abandon and change routing to certain rural communities in the Catskill Mountains.
• Coordinated judicial, administrative, and legislative review of violations of the New York Alcoholic Beverage Control Law on behalf of retail client. Represented the client at the New York State Court of Appeals on novel General Business Law and Alcoholic Beverage Control Law issues.
• Member of a legal team that successfully represented a mutual fund company in resolving a multi-million dollar breach of municipal lease-purchase agreement claim.
• Member of a legal team that successfully defended a major mutual fund company in a class action lawsuit involving a variable annuity product.
• Member of a legal team that drafted successful dispositive motion for an international bank in a breach of fiduciary duty and fraud litigation.
• Successfully represented retail client in defamation claim against a competitor.

A sampling of Mr. McManus’ reported cases include: Buffalo S. R.R., Inc. v Village of Croton-on-Hudson, 434 F Supp 2d 241 (SDNY 2006).

Mr. McManus began his legal career with an international law firm in New York City.  From 2000-2002, he served as a confidential law clerk to the Honorable Victoria A. Graffeo, New York State Court of Appeals.  Prior to joining Harris Beach, Mr. McManus practiced with an Albany-based law firm.