Thomas F. Puchner (518) 641-0503 tpuchner@westfirmlaw.com

Tom’s practice areas include environmental law, oil and gas, land use and zoning, environmental impact assessment, administrative law as well as litigation related to those practice areas.  Prior to entering private practice, Tom served as law clerk to the Honorable Frank J. Williams, Chief Justice of the Rhode Island Supreme Court.

Tom has assisted clients in environmental law matters under state and federal laws across all environmental media, including both permitting and compliance.  He also has assisted clients in environmental clean-up litigation and related matters under the federal and state Superfund statutes and New York’s Navigation Law (petroleum spills).

Tom has assisted oil and gas industry clients with environmental regulatory issues, including the New York State Department of Environmental Conservation (NYSDEC) Revised Supplemental Draft Generic Environmental Impact Statement and proposed regulations for natural gas development in New York's Marcellus Shale.  He also has assisted oil and gas operators and service companies in state and federal court litigation, including lawsuits related to oil and gas leases.

Tom has extensive experience with environmental impact review under the State Environmental Quality Review Act (SEQRA) and the National Environmental Policy Act (NEPA) related to real estate and government projects.  Tom assisted both municipalities and developers with municipal land use matters.  He has also successfully defended private and government clients in SEQRA litigation (Article 78). 

Related to his land use practice, Tom has developed extensive expertise with private condemnation under New York’s Highway Law Section 300, a rarely used statute allowing the use of eminent domain for creation of private roads.

Representative Matters

• Successfully obtained emergency authorization and SPDES permit for stormwater discharges from NYS Superfund site
• Obtained dismissal of Article 78 challenge to NYSDEC permit modification for municipal solid waste landfill
• Advised the New York State Thruway Authority as a member of the legal team for environmental law matters related to the Tappan Zee Bridge/I-287 Corridor Project
• Served as a member of the legal team for the largest resort development project ever proposed before the Adirondack Park Agency (APA), including planned development district rezoning and subdivision approvals, as well as precedent setting SEQRA litigation that upheld a SEQRA exemption for projects reviewed by the APA
• Special Counsel to the Town of Kingsbury for licensing and litigation related to junkyard.  Brokered successful resolution that ensured compliance and saved jobs by enabling junkyard to continue operations in new state-of-the-art facility
• Assisted private school in successful defense of multiple SEQRA and zoning challenges brought by neighboring landowner to challenge construction and use of tennis facility
• Assisted landowner and municipal clients with regard to proceedings for condemnation of private roads pursuant to NYS Highway law Section 300 and Article 1, Section 7 of the NYS Constitution
• Successfully pursued challenge to NYS Unemployment Insurance Tax rate via administrative appeal to the Unemployment Insurance Appeal Board and NYS Supreme Court Appellate Division, Third Department
• Successfully resolved Supreme Court action related to multiparty easement dispute regarding restrictive covenant