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Brendan J. Mooney is a partner in the firm’s Environmental and Energy, Renewables and Utilities departments. Brendan’s energy practice is focused on siting and permitting of major utility facilities through the New York State Public Service Law (“PSL”) and he also routinely advises clients on environmental and land use development issues, permitting electric, and natural gas regulations, facility operational compliance, and general regulatory compliance.

Brendan’s environmental practice includes representing clients in matters involving the New York State Environmental Quality Review Act (“SEQRA”), state and federal clean water laws, hazardous waste regulations, New York State Oil Spill Law, environmental due diligence, alleged permit violations, spill response cost recovery, environmental insurance coverage, bulk storage tank violations, and facility permitting.

Areas of Concentration:

  • Corporate
  • Energy, Utilities, Water, and Telecommunications
  • Energy Transactions
  • Siting and Permitting
  • Environmental
  • Corporate Environmental Issues

Practice Areas

Industries

Admissions

  • New Jersey
  • New York

Education

  • J.D., Maurice A. Deane School of Law at Hofstra University, 2008
  • B.A., Boston University, 2000

Representative Experience

  • Represented corporate client with regard to potential liability under New York State Superfund Program, application to the New York State Brownfield Cleanup Program, the risk associated with the transfer of contaminated property and environmental insurance related to the sale of property in Brooklyn, NY.
  • Represented interstate natural gas pipeline company regarding local, state and federal environmental permitting requirements for natural gas pipeline lateral to serve power plant located in Dover, NY.   Negotiated environmental provisions of agreements and easements with power plant operator and third-party property owners.
  • Represented public utility company with respect to PSL Article VII Certificate amendment application seeking authorization for the construction of a 345/115 kV transmission substation in the Town of Humphrey, NY. Counseled client regarding discovery and preparation for an evidentiary hearing, drafted post-hearing briefs, and advised the client regarding the phased implementation of EM&CP.
  • Represented public utility company with regard to Part 102 Report, PSL Section 68 Petition for Certificate of Public Convenience and Necessity, compliance with SEQRA, municipal site plan, and variance requirements associated with the permitting of 115 kV transmission lines, 115/34.5 kV substation, and distribution lines in the Towns of Ghent and Stockport, NY.
  • Represented public utility company with regard to the reconductoring of approximately 22 miles of 345 kV transmission lines in the Towns of Delhi, Camden, Colchester and Rockland, NY and installation of series capacitors in the Town of Delhi.  Advised client regarding PSC petition for declaratory ruling, SEQRA compliance, NYSDEC permitting and municipal land use permitting requirements.
  • Counseled construction company with respect to alleged violations of the Environmental Conservation Law associated with discharges to Jamaica Bay. Negotiated terms of a consent order with NYSDEC and third party.
  • Advised interstate natural gas company with respect to Title V air permit application, Natural Gas Act appellate remedies and litigation with NYSDEC regarding the permitting of a proposed interstate natural gas pipeline compressor station in the Town of Wright, NY.
  • Counseled numerous clients with regard to alleged SPDES permit violations. Negotiated terms of NYSDEC consent orders and corrective action plans.
  • Represented not-for-profit corporation with respect to the subdivision of an approximately 26-acre parcel of land in the Village of Amityville, NY. Counseled client regarding SEQRA compliance, Village and Suffolk County subdivision permitting, and Suffolk County Department of Health Services sewer and water permitting requirements.
  • Represented various clients with respect to local law requirements, right to build issues, site plan, special permit, and variance applications.
  • Represented numerous clients with respect to environmental due diligence and environmental liability in the acquisition and transfer of interests in real property and corporate assets and securities.
  • Represented various clients regarding cost recovery and liability allocation for petroleum and hazardous waste spills.

Professional and Community Activities

  • Member, New York State Bar Association, Energy and Environmental Law Section, 2008—present
  • Member, NAIOP, 2018-present
  • Member, Long Island Real Estate Group, 2018—present
  • Member, Brownfield Coalition of the Northeast, 2018—present

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