Civil Cost Recovery Litigation: When an environmental cleanup is performed, the party who undertakes the remediation frequently will look to recover all or part of the cost of the remediation from potentially responsible parties. For example, the Civil Recovery Unit of the New York State Attorney General's Office aggressively seeks to recover the State's costs by bringing CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) cost recovery actions in federal court where the cleanup involves hazardous waste. If the cleanup involves the release of petroleum, they also can bring an action under Navigation Law Article 12 in state court. Similarly, private parties who own contaminated land frequently will commence cost recovery actions against tenants and prior owners (or others) who legally may be liable for all or part of the costs that the current property owner must bear. The Firm represents both plaintiffs and defendants in these cost-recovery cases.

State Environmental Quality Review Act (SEQRA) Issues: Strict compliance with the procedural requirements of SEQRA is required if a project or local law is to withstand legal challenge by a party with standing to bring such a challenge. The Firm works with developers to help them achieve SEQRA compliance; defends municipal boards, agencies and applicants against Article 78 petitions challenging SEQRA compliance; and, in appropriate cases, will represent interveners who wish to challenge a municipal approval or local law on SEQRA grounds.

Administrative Violations Defense: The Firm defends numerous companies and individuals who receive notices of violation from administrative agencies such as the New York State Department of Environmental Conservation, the United States Environmental Protection Agency, and local agencies such as the Suffolk County or Nassau County Departments of Health Services. Our goal is to help respondents get through the administrative process, and to achieve compliance, in the most cost-effective way. While the Firm believes that a negotiated settlement leading to an Order on Consent should be the goal of discussions with a regulatory agency, we are always prepared to go to a hearing if a reasonable settlement is not possible (particularly where the claimed violations are without basis), and, if necessary, to file an appropriate appeal.

Environmental Permit Problems: It is our belief that a qualified environmental or engineering consulting firm can usually provide applicants with the most cost effective means of obtaining needed permits from regulatory agencies. Nevertheless, when problems do arise, the Firm will work with you and your consultant to help overcome regulatory impasses, will perfect administrative requests for variances on your behalf, or file administrative appeals, and, if necessary, will prosecute Article 78 petitions to challenge unwarranted permit denials.

Environmental Crimes: Fred Eisenbud was an Appellate Lawyer with the United States Department of Justice, and then served as an Assistant District Attorney in Suffolk County (for nine years). When Fred started the Suffolk County District Attorney's Environmental Crime Unit in 1984, he became the first Assistant District Attorney in New York State to investigate and prosecute environmental crimes on a full-time basis. During his tenure, while working through the District Attorney's Association, Fred helped draft and lobby for passage of many of the current criminal provisions of the Environmental Conservation Law. The Firm brings his unique experience to its defense of individuals and companies who are charged with environmental crimes.

Environmental Problems in Commercial Real Estate Transactions: The Firm will work with your attorney to help resolve environmental problems that arise during the course of a commercial real estate transaction. The discovery of contamination should start discussions, not end them. By helping you, and a qualified environmental consultant, to explore and identify the actual scope of the environmental contamination, and solutions that may exist which will permit the buyer and/or seller to make business decisions based on dollars and cents information, the sale can be accomplished.

Public Service Law Article X Litigation: Article X of New York's Public Service Law was enacted to help fast-track the siting and approval of major electrical generating facilities. Article X requires applicants to provide up to $300,000.00 to assist interveners to retain expert help, but this fund is not available for attorney fees. The Firm can assist municipalities or well organized community groups to put together a team of experts able to respond to issues raised by the Article X application, and to provide counsel throughout the Article X process should the municipality or community group wish to intervene as an Active Party.