Permitting, Compliance and Enforcement (Federal, State & Local)

The environmental team regularly advises clients with respect to complex regulatory permitting requirements before state and federal agencies, as well as compliance with environmental statutes and enforcement matters. Seeking regulatory approvals for commercial and industrial operations and development projects pursuant to the Clean Water Act, Clean Air Act, and myriad other statutes can be a time intensive process. The environmental practice group has successfully assisted clients with preparing and defending applications before state and federal agencies, including in administrative hearings and adjudications, and any resulting litigation. 

The Firm’s representative experience includes:

• Represent commercial, industrial and other projects in numerous local, state and federal right to build processes, including permit proceedings and adjudicatory hearings.
• Represent local, state and national companies in a variety of commercial and industrial fields, including solid waste management companies, oil and gas producers, pipelines, ethanol producers, gas stations, retail projects, warehousing, mining operators and concrete and asphalt producers, and others in state and federal permitting proceedings.
• Assist clients with permitting and compliance for numerous complex Federal environmental laws, including the Clean Water Act, Clean Air Act, Leaking Underground Storage Tanks, Mine Safety and Health Administration and others.
• Advise clients with respect to permitting and compliance for a variety of New York environmental laws including Petroleum Bulk Storage, Mined Land Reclamation Law, Solid Waste Disposal Facilities, and others.
• Represent clients in Consent Order negotiations, including developing cleanup standards and requirements, minimizing penalties and developing productive resolution of dispute.
• Negotiate Consent Orders and manage their completion for single party and multi-party liability disputes.
• Successfully defend federal and state civil and criminal enforcement actions before regulatory agencies, and State and Federal court, including overseeing complex document production and government negotiations.
• Advocate clients’ interests with respect to proposed statutes and regulations impacting industry, including commenting and litigating adverse proposals.
• Recently in the news:
  • 7-31-17 Dolomite stone and gravel supplier wins 6-year legal battle (Albany Business Review)
  • 7-31-17 Neighbors lose lawsuit against Dolomite (The Saratogian)
  • 7-31-17 Dolomite wins again, sues Ballston for $4M (Times Union)
  • 11-18-16 Environmental tests clear Mohawk River development site (Times Union)
  • 11-17-16 Residences, marina planned for $60 million project on Hudson River at Green Island(Times Union)
  • 6-30-16 Ballston asphalt plant target of suit (Times Union)
  • 6-29-16 Group sues town of Ballston, asphalt maker over plant OK (The Daily Gazette)
  • 6-29-16 Dolomite, Saratoga County sued over asphalt plant (Albany Business Review)
  • 5-28-16 Decision may pave way for more growth (The Daily Gazette)
  • 5-23-16 Judge – Stop construction at Stewart asphalt plant site (Times Herald Record)
  • 12-08-15 Judge rules for Dolomite over Town of Ballston (The Daily Gazette)
  • 12-09-15 Asphalt company wins Supreme Court ruling over proposed Saratoga County plant (Albany Business Review)
  • 12-10-15 Court sides with firm’s plans for asphalt plant (The Saratogian)
  • 12-11-15 NYS Supreme Court chooses Dolomite over Ballston (The Ballston Journal)
  • 12-17-15 Judge sides against Ballston in Dolomite case (Times Union)