Thomas S. West (518) 641-0501 twest@westfirmlaw.com

2006, 2007

Tom West regularly represents clients on a broad range of environmental matters involving permitting, compliance, civil and administrative enforcement, and criminal defense.  His permitting experience includes facilities involved with manufacturing, hazardous waste treatment, storage, and disposal, lightweight aggregate production, wind power generation, traditional power generation, cement production, mining operations, oil and gas exploration and development, gas pipeline siting, solid waste disposal, water supply and low-level radioactive waste storage. Tom also represents pesticide manufacturers, distributors, and applicators on a variety of regulatory and legislative issues.  This practice requires him to appear before a variety of state, federal and municipal agencies involved with the permitting and licensing of facilities and projects.  He has extensive experience with the New York State Environmental Quality Review Act and other state and federal environmental programs that apply to project permitting and siting.  Often, he is involved with regulatory issues that require a multidisciplinary approach.  For example, in one recent matter, he represented one major oil and gas exploration company in New York State in regulatory litigation while pursuing legislative and regulatory solutions simultaneously. This resulted in the passage of a major overhaul to New York's oil and gas law less than four weeks after the legislation was first introduced, while appellate litigation and regulatory proceedings were pending concerning the interpretation of the existing law.

Tom also has extensive experience regarding project development, including those being redeveloped under New York's brownfields program.  Recently, he represented a solid waste developer in the privatization of several municipal landfills and the expansion of those and other private solid waste facilities.  These transactions involve multiple issues ranging from municipal finance to labor utilization and land use issues. In connection with these projects, Tom has negotiated a number of “Host Community Agreements” and defended those agreements in subsequent litigation.

In addition, Tom has represented clients in a broad range of litigation matters, including commercial disputes, regulatory disputes, and cost recovery actions.

Representative Matters

• Presently represents oil and gas companies on a broad variety of legislative, regulatory and commercial issues, including well spacing, compulsory integration, and pipeline siting.
• Presently is involved with the siting of a major interstate gas pipeline project and the permitting of expansion projects at several landfills.
• Presently represents major ski areas in connection with water withdrawal and related environmental issues.
• Successfully represented several large power producers in connection with complex air quality and other permitting issues in the metropolitan New York City area.
• Successfully represented a client in a hazardous materials cost recovery action, absolving the client of all liability at the site and leading to full recovery for the client and attorneys’ fees.
• Successfully represented a major manufacturing client in a criminal investigation, leading to a decision by the New York Attorney General not to pursue charges against that client.
• Successfully represented a client in the New York State Court of Appeals on a novel Martin Act issue.
• Obtained a declaration that a portion of New York’s Subdivided Lands Act is unconstitutional.
• Handled a case which is cited as leading authority for establishing the grounds for “grandfathering” under the State Environmental Quality Review Act (SEQRA).
• Successfully served as the lead counsel in litigation brought by certain New York industries, resulting in a declaration that New York’s inactive hazardous waste disposal site regulations are invalid on substantive grounds.
• Successfully served as lead counsel in a challenge to New York’s pesticide notification regulations.