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Environmental

Legal Practice

  • Biden Department of Justice Implements New Corporate Voluntary Self-Disclosure Policy for Criminal Investigations
  • EPA Releases Crucial PFAS Drinking Water Rule; Implications for Water Treatment Facilities
  • New York Bans PFAS in Apparel
Profile
Services
Experience
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Harris Beach has decades of experience providing counsel to private and municipal clients on evolving federal, state and local environmental statutes, rules and regulations. We advise public and private entities on environmental review processes to meet regulatory compliance requirements. We represent clients in administrative enforcement proceedings and in private environmental litigation.

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

Environmental, Social and Governance (ESG) 

  • Our attorneys support clients with cross-functional teams dedicated to integrating aspects of ESG into core business strategies, governance, and risk-management. In addition to helping our clients understand, prepare for, and comply with emerging regulations, we also help our clients realize the benefits created in the marketplace by a bespoke approach to ESG.

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

PFAS (Per- and polyfluoroalkyl substances)

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
  • Representation of Trammell Crow in securing all of the zoning, SEQRA and public finance approvals and benefits for the construction of a 4.0 million square foot regional warehouse distribution facility, the largest of its kind in the Northeast region, in the Town of Clay, County of Onondaga.
  • del Lago Resort & Casino, a $425 million casino in Tyre, New York; land use and zoning counsel.
  • Pittsford Canalside v. Village of Pittsford et al. 14-5753 2014 WL 6389972 (N.Y.Sup.): Decision and Order dated October, 2014: Co-lead counsel in a significant land use litigation brought by a developer client that successfully challenged municipal resolutions as invalid that rescinded previous project approvals under the New York State Environmental Quality Review Act. This decision was affirmed by the Appellate Division Fourth Department by Decision and Order dated March 18, 2016 which also modified the trial court’s decision and order concerning other matters.
  • Pittsford Canalside Properties, LLC v. Village of Pittsford, 137 AD3d 1566 (4th Dept. 2016); successfully obtained annulment of rescission of negative declaration pursuant to New York State Environmental Quality Review Act.
  • Women’s Voices for the Earth Inc. et al v. Procter & Gamble Manufacturing Co et al reported at 29 Misc. 3d 358 (New York County Supreme Court).   Lead counsel for one of the respondent/defendants in a special proceeding initiated by environmental advocacy groups seeking an order requiring manufacturers and distributors to disclose additional product information, and was successful in obtaining dismissal of the proceeding.
  • Belosky v. Town Board of the Town of Horseheads (Supreme Court, Chemung County 2014); successfully obtained dismissal of complaint against municipal defendants concerning challenge to Planned Unit Development zoning amendments and negative declaration issued pursuant to New York State Environmental Quality Review Act.
  • Assisted national solar energy developer by conducting transactional environmental due diligence reviews for numerous project sites, including obtaining NYS Department of Environmental Conservation authorization to proceed with development of a site listed on the New York State Superfund Site List.
  • Represented an Erie County Local Development Corporation in a multimillion dollar brownfield site acquisition and remediation project to transform a component part of the former historical Bethlehem Steel Corporation facility located in Lackawanna, New York.
  • Provided Brownfield and SEQRA counsel for the Canandaigua North Shore Project, a significant multi-use lakefront development.
  • Provided Brownfields, SEQRA, and zoning services to client for re-development of 100-year old manufacturing facility located in Buffalo, New York as a mixed-use project.
  • Assisted City of Yonkers IDA in Brownfields redevelopment of the former Austin Avenue landfill.
  • Represented a developer in a mixed-use project along the banks of the New York State Canal System.
  • Directed environmental regulatory audit for major health care institution, followed by development of remedial actions necessary to return the institution to compliance, without assessment of penalties.
  • Oversee SEQRA compliance for large downstate medical institution’s major expansion at two locations.
  • Obtained multiple contested land use approvals and DEC permits and authorizations for upgrades to Fortune 250 company’s interstate natural gas pipeline.
  • Assisted in the redevelopment of waterfront properties throughout New York state.
  • Counseled in regulatory compliance matters concerning a food production company that changed its operational infrastructure, including how it manages permitted discharges to air and water.
  • Represented clients in several regional wind farm projects.
  • Assisted Fortune 500 transportation company in a major regional transportation project.

Practice Leader(s)

Frank Pavia

Frank C. Pavia

Member

People

Javid Afzali

Javid Afzali

Member
John Anzalone

John J. Anzalone

Member
Brian Bender

Brian A. Bender

Member
Darius Chafizadeh

Darius P. Chafizadeh

Member
Shannon Cogbill

Shannon D. Cogbill

Associate
Michael Condon

Michael E. Condon

Member
Stanley Goos

Stanley Goos

Member
Kelsey Hanson

Kelsey L. Hanson

Associate
Gene Kelly

Gene J. Kelly

Member
Jeffrey-Kuhn

Jeffrey D. Kuhn

Member
John Mcmanus

John T. McManus

Member
Robert Murray

Robert G. Murray

Member
Steve Nonkes

Steven P. Nonkes

Member
Michelle Piasecki

Michelle K. Piasecki

Member

Brian S. Stolar

Senior Counsel
All Insights, All Publications, Legal Alert |
 March 28, 2023
New York Bans PFAS in Apparel
Governor Kathy Hochul prohibited the selling of apparel containing "intentionally added" per- and polyfluoroalkyl substances (PFAS). ...read more
All Insights, All Publications, Legal Alert |
 March 16, 2023
EPA Releases Crucial PFAS Drinking Water Rule; Implications for Water Treatment Facilities
The EPA has released its long-awaited proposed rule addressing levels of PFAS in drinking water across the United States....read more
All Insights, All Publications, Legal Alert |
 March 6, 2023
Biden Department of Justice Implements New Corporate Voluntary Self-Disclosure Policy for Criminal Investigations
United States Attorney’s Offices implemented a Voluntary Self-Disclosure, which standardizes how disclosures of misconduct are defined and c...read more
All Insights, All Publications, Legal Alert |
 February 24, 2023
EPA Announces Perchloroethylene and Trichloroethylene Pose an Unreasonable Risk to Human Health
The EPA proposes risk management plans to contain harmful chemicals, Perchloroethylene and Trichloroethylene...read more
All Insights, All Publications, Legal Alert |
 February 22, 2023
New Transmission Upgrades Provide Developers Opportunity to Capitalize on Renewable Energy
The NYS Public Service Commission authorized electric utilities to develop transmission upgrades to integrate renewable energy projects...read more
All Insights, All Publications, Legal Alert |
 February 6, 2023
Federal Government Expands Scope of Regulated Wetlands
The U.S. Army Corps and the U.S. EPA have adopted a final rule re-defining the scope of the “waters of the United States”...read more
All Insights, Audio |
 February 1, 2023
A Lateral Look: Partner Jeffrey Kuhn, Energy Industry Team
When it came time to consider ways to expand his career as an energy and environmental lawyer, Partner Jeff Kuhn knew what he was looking fo...read more
All Insights, All Publications, Legal Alert |
 January 26, 2023
Modernization of Cosmetics Regulation Act of 2022 Signals New Era of FDA Oversight
For the first time since the passage of the Food, Drug and Cosmetic Act in 1938, the Federal cosmetics law has been substantially updated....read more
All Insights, All Publications, Legal Alert |
 January 9, 2023
Airlines Trade Association Requests EPA Withdrawal of Proposal to Designate PFOA/PFOS as CERCLA Hazardous Substances
Airlines for America® (A4A) submitted formal comments requesting that the EPA abstain from proposing PFOA and PFOS as Hazardous Substances ...read more

Need More Information?

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Environmental

Legal Practice

■ Profile

Harris Beach has decades of experience providing counsel to private and municipal clients on evolving federal, state and local environmental statutes, rules and regulations. We advise public and private entities on environmental review processes to meet regulatory compliance requirements. We represent clients in administrative enforcement proceedings and in private environmental litigation.

■ Services

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

Environmental, Social and Governance (ESG) 

  • Our attorneys support clients with cross-functional teams dedicated to integrating aspects of ESG into core business strategies, governance, and risk-management. In addition to helping our clients understand, prepare for, and comply with emerging regulations, we also help our clients realize the benefits created in the marketplace by a bespoke approach to ESG.

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

PFAS (Per- and polyfluoroalkyl substances)

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

■ Experience

  • Representation of Trammell Crow in securing all of the zoning, SEQRA and public finance approvals and benefits for the construction of a 4.0 million square foot regional warehouse distribution facility, the largest of its kind in the Northeast region, in the Town of Clay, County of Onondaga.
  • del Lago Resort & Casino, a $425 million casino in Tyre, New York; land use and zoning counsel.
  • Pittsford Canalside v. Village of Pittsford et al. 14-5753 2014 WL 6389972 (N.Y.Sup.): Decision and Order dated October, 2014: Co-lead counsel in a significant land use litigation brought by a developer client that successfully challenged municipal resolutions as invalid that rescinded previous project approvals under the New York State Environmental Quality Review Act. This decision was affirmed by the Appellate Division Fourth Department by Decision and Order dated March 18, 2016 which also modified the trial court’s decision and order concerning other matters.
  • Pittsford Canalside Properties, LLC v. Village of Pittsford, 137 AD3d 1566 (4th Dept. 2016); successfully obtained annulment of rescission of negative declaration pursuant to New York State Environmental Quality Review Act.
  • Women’s Voices for the Earth Inc. et al v. Procter & Gamble Manufacturing Co et al reported at 29 Misc. 3d 358 (New York County Supreme Court).   Lead counsel for one of the respondent/defendants in a special proceeding initiated by environmental advocacy groups seeking an order requiring manufacturers and distributors to disclose additional product information, and was successful in obtaining dismissal of the proceeding.
  • Belosky v. Town Board of the Town of Horseheads (Supreme Court, Chemung County 2014); successfully obtained dismissal of complaint against municipal defendants concerning challenge to Planned Unit Development zoning amendments and negative declaration issued pursuant to New York State Environmental Quality Review Act.
  • Assisted national solar energy developer by conducting transactional environmental due diligence reviews for numerous project sites, including obtaining NYS Department of Environmental Conservation authorization to proceed with development of a site listed on the New York State Superfund Site List.
  • Represented an Erie County Local Development Corporation in a multimillion dollar brownfield site acquisition and remediation project to transform a component part of the former historical Bethlehem Steel Corporation facility located in Lackawanna, New York.
  • Provided Brownfield and SEQRA counsel for the Canandaigua North Shore Project, a significant multi-use lakefront development.
  • Provided Brownfields, SEQRA, and zoning services to client for re-development of 100-year old manufacturing facility located in Buffalo, New York as a mixed-use project.
  • Assisted City of Yonkers IDA in Brownfields redevelopment of the former Austin Avenue landfill.
  • Represented a developer in a mixed-use project along the banks of the New York State Canal System.
  • Directed environmental regulatory audit for major health care institution, followed by development of remedial actions necessary to return the institution to compliance, without assessment of penalties.
  • Oversee SEQRA compliance for large downstate medical institution’s major expansion at two locations.
  • Obtained multiple contested land use approvals and DEC permits and authorizations for upgrades to Fortune 250 company’s interstate natural gas pipeline.
  • Assisted in the redevelopment of waterfront properties throughout New York state.
  • Counseled in regulatory compliance matters concerning a food production company that changed its operational infrastructure, including how it manages permitted discharges to air and water.
  • Represented clients in several regional wind farm projects.
  • Assisted Fortune 500 transportation company in a major regional transportation project.

■ People

Team Leaders

Frank C. Pavia

Member
(585) 419-8709
fpavia@harrisbeach.com

Team

Javid Afzali

Member
(518) 701-2775
jafzali@harrisbeach.com

John J. Anzalone

Member
(516) 880-8108
janzalone@harrisbeach.com

Brian A. Bender

Member
(212) 313-5405
bbender@harrisbeach.com

Darius P. Chafizadeh

Member
(914) 683-1212
dchafizadeh@harrisbeach.com

Shannon D. Cogbill

Associate
(212) 313-5434
scogbill@harrisbeach.com

Michael E. Condon

Member
(585) 419-8603
mcondon@harrisbeach.com

Stanley Goos

Member
(212) 313-5452
sgoos@harrisbeach.com

Kelsey L. Hanson

Associate
(518) 701-2745
khanson@harrisbeach.com

Gene J. Kelly

Member
(518) 701-2740
GKelly@HarrisBeach.com

Jeffrey D. Kuhn

Member
(518) 701-2746
jkuhn@harrisbeach.com

John T. McManus

Member
(518) 701-2734
jmcmanus@harrisbeach.com

Robert G. Murray

Member
(716) 200-5180
bmurray@harrisbeach.com

Steven P. Nonkes

Member
(585) 419-8847
snonkes@harrisbeach.com

Frank C. Pavia

Member
(585) 419-8709
fpavia@harrisbeach.com

Michelle K. Piasecki

Member
(518) 701-2741
mpiasecki@harrisbeach.com

Brian S. Stolar

Senior Counsel
(516) 880-8383
bstolar@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of April 1, 2023 8:19 pm
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