Audits

• Assisting clients in the development, review and implementation of audits designed to self-correct deficiencies and meet compliance with environmental regulations of the U.S. Environmental Protection Agency (EPA) and the New York State Department of Environmental Conservation (DEC)
• Representing purchasers and sellers of properties with environmental concerns with due diligence and crafting agreements to ensure that environmental concerns are appropriately addressed and the parties are protected from potential liability

Brownfield Redevelopment

Environmental Regulatory Compliance

• Counseling clients on strategies, including compliance with environmental regulations to ensure compliance at the local, state and federal level that directly impact commercial and industrial operations associated with all environmental media
• Advising on the permits necessary under local, state and/or federal law to embark on new development in potentially sensitive environmental areas or brownfield sites

Health and Safety Issues

• Counseling on compliance with the Occupational Safety and Health Administration’s (OSHA) regulations and other federal and state regulations and programs that concern health and safety matters
• Assisting public and private sector clients in interpreting regulations associated with asbestos containing material (ACM), including required permitting and disclosures during renovation or construction on buildings and structures containing or potentially containing ACM under federal and New York law
• Addressing required notifications to regulatory agencies when ACM is disturbed, and working with clients on performing required testing and clean up of ACM when such disturbances have occurred

Land Use and Zoning

Permitting

• Assisting in permitting matters before the DEC, the New York Office of Parks Recreation and Historic Preservation, the EPA, the United States Army Corps of Engineers, the New York State Department of Labor, and other state and federal regulatory agencies
• Representing various companies in the energy and power transmission sectors, and providing counsel to facilitate their navigation of environmental and land use regulatory processes in order to secure state and federal authorizations necessary for these companies to develop expanded delivery capabilities
• Negotiating with local, state and federal regulators concerning permit conditions and, where necessary, representing clients in administrative hearings and litigation on such matters

Project Development

• Assisting in the environmental zoning and land use review processes required under the New York State Environmental Quality Review Act (SEQRA), the National Environmental Policy Act (NEPA), the New York City Environmental Quality Review Act (CEQR) and the New York Uniform Land Use Review Procedures (ULURP)
• Counseling on compliance with the various local, state and federal laws and regulations in order for projects to receive approvals, including as needed completion of simultaneous environmental reviews under state and federal law
• Assisting public and private entities in responding to EPA and DEC claims seeking criminal penalties, including successfully settling numerous matters

Representing Municipalities and Private Parties in Environmental Enforcement Actions

• Defending enforcement actions initiated by the EPA and the DEC and other regulatory agencies in local, state and federal courts and administrative tribunals
• Representing clients in civil and criminal cases prosecuted under federal law, including the Clean Water Act (CWA), the Clean Air Act (CAA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Solid Waste Disposal Act, known as the Resource Conservation and Recovery Act (RCRA), and applicable regulations as well as under New York State law, including the Environmental Conservation Law (ECL) and the New York Navigation Law
• Developing defense strategies in responding to criminal enforcement proceedings and criminal investigations

Zoning and Development

• Counseling private and public sector clients in each phase of the development of projects requiring environmental review and land use approval, including working with local municipalities to obtain the necessary zoning approvals and required SEQRA and NEPA reviews
• Litigating cases under New York’s CPLR Article 78 concerning zoning matters
• Assisting clients in site acquisition, whether by negotiated purchase or government assisted condemnation
• Assisting in financing for projects, which may include conventional construction and permanent mortgage loans or lease financing
• Negotiating agreements with architects, general contractors and construction managers
• Negotiating leases