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The attorneys in our Environmental department have extensive experience in the siting of large energy facilities in New York, New Jersey, Pennsylvania and other states along the East Coast of the United States. Much of this experience is in the context of New York’s statutory framework for the siting of major utility transmission facilities and involves preparation, submission and prosecution of applications for Certificates of Environmental Compatibility and Public Need.

Environmental Lawyers with Substantial Experience in Siting and Permitting

In our experience, siting representation often encompasses numerous ancillary matters in addition to Article VII applications and proceedings. This includes matters such as obtaining necessary real estate interests (including the acquisition of fee parcels, licenses, permits, and easements); dealing with title, appraisal, and survey clearance issues; condemnation and valuation proceedings; real property assessments and tax issues; construction contracting (and related labor, insurance and claims work); and a broad range of other permitting-related activities. We assist our clients with these issues as and when they arise, and we also routinely provide advice with regard to:

  • Air and water quality
  • Cultural resource matters
  • Federal and state environmental compliance
  • Significant wildlife and habitat concerns
  • Solid waste disposal
  • Stormwater discharge

In conjunction with our siting representation, we have also assisted clients with permit applications submitted to the U.S. Army Corps of Engineers; Environmental Protection Agency; New York State Department of Environmental Conservation; New York Department of State; New York State Department of Transportation; New York State Department of Agriculture and Markets; New York State Office of Parks, Recreation and Historic Preservation; New York State Department of General Services; the City of New York; and other federal, state and local agencies.

Representative Experience in Environmental Siting and Permitting Matters

Our firm has served as outside counsel to a major New York utility with regard to electric transmission siting matters. We have worked closely with this client on a number of simultaneous projects in developing application documentation, overseeing proper filing and service, prosecuting siting and permitting applications, assisting in discovery and addressing other elements of litigated and settled proceedings. We have also represented the client in right-of-way acquisitions and other real estate-related matters.

We have also served for many years as counsel for a high-pressure gas transmission pipeline system running from the New York-Canadian border through New York State and Connecticut to its terminus on Long Island. This includes fully litigating an Article VII certificate proceeding before the Public Service Commission, as well as representing the client in real estate, condemnation, construction, and commercial transactions as well as administrative and appellate litigation. We have also represented the client in negotiations with private landowners, municipalities and New York State; obtaining and reviewing title work; regulatory, right-of-way and other real estate-related issues; drafting form instruments including easements, options, licenses and workspace agreements; and preparing a handbook and conducting a seminar for right-of-way personnel.