Environmental Law
The West Firm, PLLC is consistently recognized as having some of the top environmental attorneys in Albany, New York, and New York state. Environmental law is a core practice area for our attorneys at the firm.
With our offices located in the heart of downtown Albany, New York, our attorneys are equipped to handle permitting, regulatory compliance and enforcement, including negotiating alleged violations through consent orders, administrative proceedings and associated litigation, including Article 78 proceedings.
Brownfield Cleanup And Defense Of Criminal Enforcement
Our attorneys have also defended individuals and corporations in criminal enforcement matters and regularly represent clients regarding environmental contamination issues, including the redevelopment of sites under the Brownfield Cleanup Program. We also assist businesses and landowners dealing with remediation and clean-up of brownfields and other environmental issues.
They have represented companies and trade associations before the New York State Legislature on environmental issues as well.
The Contacts You Need For Your Project
Often, the firm is called upon to represent clients regarding controversial, high-profile projects.
Due to their strong relationships with federal, state and local governmental agencies, our attorneys are able to communicate directly with key personnel at the regulating agencies, allowing for potential obstacles to be quickly identified and resolved in order to obtain successful outcomes on the client’s desired schedule.
Deep Experience For A Wide Range Of Environment Matters
The firm’s environmental practice involves attorneys who have in-depth knowledge of numerous state and federal environmental laws, regulations and programs relative to:
- The National Environmental Policy Act (NEPA)
- The New York State Environmental Quality Review Act (SEQR)
- The New York State Historic Preservation Act
- The federal and New York State Superfund programs
- New York state navigation law
- The Clean Water Act
- The Clean Air Act
- The Resource Conservation and Recovery Act (RCRA)
- New York State Brownfield Cleanup Program (BCP)
- National Pollutant Discharge Elimination System (NPDES)
- New York State Pollutant Discharge Elimination System (SPDES)
- Petroleum and chemical bulk storage
- Solid and hazardous waste management
- New York stream protection, including water withdrawals and water rights
- State and federal laws relating to dam safety
- State and federal laws relating to pipeline development and oil and gas production
Our attorneys have experience advising and representing a wide variety of clients in their environmental practice, including solid waste management facility operators, the pesticide industry, power generating facilities, solar developers, wind farm developers, manufacturers, ski area operators, real estate developers, trade associations and municipalities.
Based on our vast experience in the environmental arena, our attorneys are confident that they can successfully address your environmental issues and concerns and help you develop a strategy to achieve your goals in a cost-effective manner.
Contact Us
To discuss your environmental law project, call our Albany office at 518-641-0500 or use our online contact form to schedule an appointment with our attorneys.
Representative Matters
- Ongoing representation of a large regional solid waste disposal and recycling company involving a multitude of matters relating to obtaining permits and approvals for solid waste landfills and transfer stations. Most recently, the firm was able to obtain solid waste and air permits following adjudicatory proceedings initiated by an opposition group with decision-making by the New York Department of Environmental Conservation (DEC) in 11 months, including the adjudicatory hearing. In another matter, the firm was able to convince the DEC to issue permits for a significant landfill expansion over objections of an opposition group without any regulatory hearings.
- Representation of a major interstate pipeline company in obtaining environmental approvals and land rights to construct a modern interstate pipeline across a major section of New York state. That matter involved numerous stream and wetlands crossings as well as the negotiation of land rights through the Palisades Interstate Park and New York state reforestation areas.
- Representation of pipeline developers and oil and gas developers before the New York State Public Service Commission and relative to water withdrawal and use issues before the Delaware River Basin Commission and the Susquehanna River Basin Commission
- Served as lead counsel in a successful challenge to New York’s pesticide notification regulations
- Developed a unique legal theory cited as the leading authority for the grounds for “grandfathering” under SEQR
- Obtained a judicial decision on behalf of certain New York industries nullifying New York’s inactive hazardous waste disposal site regulations on substantive grounds
- Litigated a hazardous material cost recovery action, absolving the client of significant liability at the site, which led to full recovery for the client, including attorneys’ fees
- Provided legal services to several large power producers in connection with complex air quality and other permitting issues in the metropolitan New York City area
- Represented major ski areas in connection with water withdrawal and related environmental issues
- Ensured compliance with legal requirements for remediation of contaminated or suspected contaminated property through New York state’s BCP, State Superfund, RCRA and other programs
- Developed strategy for remediation and negotiation of orders on consent or permits during the representation of property owners completing cleanups of industrial properties pursuant to general enforcement matters, Superfund, RCRA and other programs
- Developed strategies to ensure that environmental review pursuant to SEQR and/or NEPA, as well as local, state and federal permitting regulations, would meet the client’s timetable and withstand legal challenges on substantive, procedural, standing or other grounds, particularly for controversial projects, including development related to Marcellus Shale, landfill projects and others
- Represented a municipality regarding dam safety issues in a case that began with the classification of a dam as a high-hazard dam, but classification was revised to a medium-hazard dam based upon a site-specific climatological evaluation
- Provided a full range of services, from permitting and reporting to litigation support to industrial clients, including waste oil recyclers, hazardous and solid waste disposal companies, and chemical distributors