A Deep Dive Into NYC Environmental Law
The legal landscape in New York City surrounding environmental issues is both sprawling and intricate. As one of the largest cities in the United States and a key global economic hub, New York City has a myriad of environmental regulations designed to protect its residents, infrastructure, and natural resources. In this section, we will explore the fundamentals of environmental law as they pertain to the Big Apple, the various legal frameworks and regulations firms must comply with, and the essential role that lawyers play in navigating these complex waters.
Environmental law in NYC is governed by a combination of federal, state, and local laws. At the national level, environmental legislation such as the National Environmental Policy Act (NEPA), the Clean Water Act, and the Clean Air Act provide a framework for protecting the environment from a variety of hazards and pollutants. New York State supplements federal regulations with its own environmental laws and agencies, such as the New York State Department of Environmental Conservation (DEC), which administers the state’s environmental regulatory program. Locally , New York City further regulates environmental issues through the NYC Department of Environmental Protection (DEP), the NYC Department of Health and Mental Hygiene (DOHMH), and other city departments that oversee various environmental concerns, including those related to buildings, parks, and sanitation.
These agencies enforce environmental regulations and policies aimed at protecting natural resources and public health. They implement programs for water quality protection, waste management, drinking water and wastewater treatment, land use and planning, hazardous materials, air quality, noise control, and even some aspects of climate change.
The spokespersons in the firm do recognize that the regulatory complexities in New York City can pose challenges to any business or organization seeking to comply with environmental laws. It is for this reason that law firms specializing in environmental law have become increasingly important. An experienced environmental attorney can help their clients navigate the complex tapestry of local, state, and federal regulations while also providing guidance on the latest green building and sustainability trends.
Top Environmental Law Firms in New York City
Numerous law firms in New York City hold substantial experience and expertise in environmental law. Some notable law firms based in New York City with such focus are:
Wilmer Cutler Pickering Hale and Dorr LLP ("WilmerHale"), a relatively young law firm compared to its competitors with only two locations in the United States, is one of the top environmental law firms in New York City. For their environmental law practice, they’ve been recognized as one of America’s leading firms by Chambers USA. Some notable clients of WilmerHale include Johnson Controls, Inc., Repsol Oil and Gas USA Inc., Bonanza Creek Energy, Inc., Paloma Partners LLC, and Parker Drilling. Some notable environmental matters that WilmerHale has worked in the past include: Hystar, a semiconductor manufacturing plant with a $6B investment in Taiwan, for environmental issues; BAA Wind Company, Inc., a renewable energy company based in the Pacific Northwest and part of a larger utility group on the East Coast, for environmental permitting of their wind project; Wind Farm and Environmental Permitting for an alternative energy company in California; and Sail Harbor Park, an over 600-unit affordable housing community located in New York, where they provided comprehensive environmental counsel to the developers for the project.
McGuire Woods offers diverse environmental law services to their clients. McGuire Woods provides environmental law services to businesses and lawyers all across the United States. Some of their notable clients include Palantir Technologies LLC, DineEquity, Inc., First Capital, Stonebridge Associates, Collins Enterprises, The Southern Company, and Porch Swing Ventures where they provided environmental law services to these clients for cases relating to land use and environmental projects. McGuire Woods has also handled environmental matters for cases relating to valuation assessments, mergers and acquisitions, and the sale of affiliated entities. Notable environmental matters that McGuire Woods has represented their clients include: environmental due diligence and regulatory response to EPA complaint for a regional shopping destination; complex environmental remediation, cost recovery, and litigation throughout the United States for a manufacturer of building products; multi-state environmental property acquisitions associated with bottomland hardwood forests for a private equity fund; environmental site assessment concerning environmental contamination for an independent record label; real property acquisition for an investor for environmental contamination for an Iowa based manufacturer; and complex litigation in relation to multiple sites contaminated with polychlorinated biphenyls and other chemicals for an international manufacturer of ball bearings where the case resulted in a global settlement estimated at $50 million in favor of manufacturers contending with over 10,000 PCBs-related property damage claims.
Stevens & Lee provides environmental law services for a diverse clientele. Their environmental law practice mainly covers environmental regulation, real property, environmental litigation, environmental insurance, environmental acquisitions and development, renewable energy and energy efficiency regulations, "Superfund" litigation, CERCLA, RCRA, toxic tort, state private cost recovery, natural resources damages, and federal and state site remediation. Some notable environmental clients include BNY Mellon, The City of Philadelphia, Consol Energy, Inc., Massey Coal Company, PSI Services, LLC, and United States Steel Corporation. Some notable environmental matters that Stevens & Lee have undertaken include: representing clients in remediating former manufacturing facilities with naturally occurring radioactive materials; conducting CERCLA due diligence associated with purchasing brownfield properties for re-development; and undertaking NEPA analysis in connection with an EIS for a municipality’s application for FAA funding support for an airport terminal expansion.
How to Select an Environmental Law Firm
When considering which environmental law firm to choose, a client should start by reviewing the firms’ experiences in this specialty area of law. Relevant experience is vital, as environmental law covers a wide range of legal issues. It’s important to find an environmental law firm that has successfully navigated the specific legal waters relevant to each client. Equally important are reviews of the firm by prior or existing clients. These can be found on their websites and other platforms and should include not just a few samples of what they have done, but multiple examples across their practice. Client reviews also complement the personal recommendations for a firm, which should be another part of their assessment.
Another factor to consider when choosing an environmental law firm is its size. Some large environmental law firms will assign a team of attorneys and professionals to work on a case. While there are advantages to this, including a greater number of people able to work on the matter at hand, there are also disadvantages, including costs that can increase with every additional person that is added to the team. In contrast, smaller environmental law firms may assign fewer people to the case, limiting the options for ways to solve it, but providing a lower cost. Yet, some of these smaller firms have considerable experience and expertise that can mitigate this risk. Depending upon the legal needs of the case, this latter point may be a key consideration.
Another consideration is the firm’s resources. The more and better the resources of a firm, the better prepared it will be to meet your needs on more complex matters. Some environmental law firms are associated with large national or international firms with access to a wide range of resources, including practice across a wide range of industries. For example, a firm may have worked on an issue similar to yours in another country or state. Some environmental law firms also have other affiliated offices in diverse parts of the United States or in Europe or elsewhere. If your matter is complicated and involves multiple states, countries, or areas of law, such as real estate or business transactions, this may be a plus. In addition, it’s important to consider costs. While larger firms may offer more resources, including specialists, research, and facilities such as libraries and conference rooms, they are generally more expensive. In general, larger firms also offer their services on a fee-for-service basis, while some smaller firms offer alternatives such as contingency fees to provide another option to clients.
Finally, it’s important to consider whether there will be a good fit between the firm and the client. This requires two things. First, a common understanding of the situation at hand. Second, a good working relationship between the client and the team assigned to the case. The first aspect is essential to guarantee that the firm will understand what services are needed. The second aspect is needed to ensure that the maximal level of communication and collaboration can take place between the client and the firm.
Success Stories: Winning Cases in NYC Environmental Law
A selection of notable environmental law cases handled within New York City illustrates how the best firms can find effective legal solutions to some of the most difficult environmental problems facing the city today. Such cases can have far-reaching implications and influence what is or is not permissible in the city’s ecosystems.
One notable example of a successfully resolved problem is the case of Scuderi v. Carras, which involved a waterside section of land in Queens that had been used as an oil tank facility until ca. 1992. The site had been contaminated with diesel oil and oil fire suppressant foam, and the contamination spread from the previous oil tanks to the shoreline as well as out into the Estuary. The site was sold in 1994, but the new owners failed to properly remediate for years to come, at which point contaminants had spread to the groundwater.
The plaintiffs in the case complained that their groundwater and wells had been contaminated, and that the New York State Department of Environmental Conservation (DEC) had failed in its duties under the State’s Environmental Conservation Law (ECL) by neglecting to take responsibility for cleaning up the environmental damage even after they received notice of the issue. The suit demanded a judgment from the court that the defendants did indeed violate ECL, and as a result, the plaintiffs were entitled to civil penalties, interest, costs, damages and any other form of relief.
The New York Supreme Court found in favor of the plaintiffs and issued an order to the further satisfaction of the plaintiffs. They ordered that the case be decided in their favor "on the papers," meaning that further proceedings were unnecessary. The case of Scuderi v. Carras set a precedent for defendants who allow environmental contamination on their land after the fact.
Another example of a successful case is that of Alcoholism & Drug Abuse Services v. Town of Brookhaven. In this case , a non-profit organization that was partially funded by taxpayer money sought to expand into a suburban area where a growing population of alcohol and drug abusers were located. The Town of Brookhaven battled the organization through a series of legal motions in an effort to argue their right to keep the new group center out of the area.
Ultimately, the court ruled in the plaintiffs’ favor, deciding that the Town had not demonstrated adequate concern over the alcohol or drug abusers in the area and that its decision against the treatment center had been based on prejudice against their cause rather than proof of a real effect on the population. Town of Brookhaven thus paved the way for the drug and alcohol treatment center to move in.
A more recent example is that of Narrows II v. Mobile Oil Corporation, continued in 2001. In this case, Mobil Oil Corporation was accused of contaminating a number of bodies of water within the state, including the Narrows and the New York Harbor, with a chemical known as MTBE, short for methyl tert-butyl ether. The chemical was added to gasoline in order to make it burn cleaner, but it soon became one of the state’s most prevalent and damaging contaminants.
In this case, many neighboring communities sued the fuel company for damages in a combined case and were awarded $70 million for remediating, paying for medical expenses and destroying personal property. Because of their continuing use of the chemical, the communities were only able to settle for approximately one-fifth of the damages originally requested in the suit, but they did successfully convince the court to award their damages. Therefore, the plaintiffs were able to, in their own small way, curb the effects of this fuel company’s actions on their own homes.
NYC Environmental Law and Its Impact on Communities
The nexus between environmental law and the daily lives of the residents of New York City is profound. Through the enactment and enforcement of a wide array of statutes, regulations, and policies, local environmental law directly influences the public health, economic opportunities, and even the very landscape of the city.
In terms of public health, the robust regulations by the Department of Environmental Protection (DEP) ensure that residents have access to clean drinking water. Water quality tests, algae bloom monitoring, and maintenance of the infrastructure that delivers water to the city’s faucets are all overseen by the DEP, adding significant value to the quality of everyday life.
Moreover, the provisions to manage and treat sewage, including the Green Infrastructure Program, make it possible to reduce street flooding and the discharge of pollutants into the city’s waters. This not only keeps the waterways clean but also prevents the overflow of untreated wastewater into neighborhoods. The continued investment in sewage treatment by using more eco-friendly methods can also prevent erosion and flooding of the coastline as sea levels rise.
When it comes to economic impacts, environmental law in New York City provides significant protections for the local ecosystem. The 2007 regulatory amendments to the City’s Zoning Resolution established the 20-acre Jamaica Bay Special District, which was created to protect the fragile coastal marsh, beach, and tidal mudflat habitat in that area. This zoning overlay protects endangered species, while promoting development opportunities for housing and commercial uses.
The city also stimulates the economy through its involvement with green building and energy efficiency regulations. The Local Law 97 requirements and 80/20 affordable housing development both require energy efficiency measures and provide for financing or tax incentives. Through the new carbon emissions requirements set by Local Law 97, the city is establishing measures that will reduce energy costs while improving public health. This reduction of overall energy burdens will result in savings for the city’s residents and stimulate new development opportunities, especially for low and middle-income groups where living costs need to be reduced.
Additionally, on a more global level, environmental law has also had an impact on the creation of new urban public spaces, including parks, waterfronts, and greenways. These spaces not only serve as a relief from the concrete jungle by providing natural habitats for wildlife but also incite a revival of neighborhood pride. The new parks and the 520 miles of citywide waterfront can be attributed to the local law that requires public participation in the land use review process, through the City Environmental Quality Review. Improved access to nature and recreational opportunities in the foreground promotes a healthier lifestyle among city residents.
Environmental law and enforcement also continue to shape the physical landscape of New York City. The 2016 amendments to the City Map program focus on resiliency against climate change, while creating zoning overlays for wetlands and coastal areas, to address issues of sea level rise, flooding, and the protection of existing habitats.
The Future of Environmental Law Practice
As environmental challenges continue to evolve, so too does the practice of law surrounding them. New trends emerge as environmental concerns increase and shift, from global climate change to local pollution abatement. The top environmental law firms in NYC have their eyes on these changing horizons, developing strategies to meet new challenges and disciplines. One significant future trend is the rise in demand for counsel on sustainable infrastructure. With increasing urbanization, NYC and other major cities must develop more sustainable systems for waste disposal, water treatment, and transportation infrastructure. This creates opportunities for environmental attorneys to lead the way on regulatory compliance and contractual negotiations with private entities. Environmental issues will also impact real estate transactions in the coming years. Buyers and sellers of NYC properties may increasingly face concerns over issues such as toxic contamination , waste disposal, and other violations of environmental law. Law firms that specialize in environmental due diligence will become essential to the transactional process, providing counsel at every stage. Further, the focus on sustainability in real estate development will mean a greater emphasis on green building standards, which will directly affect environmental compliance matters. Ultimately, as society begins to take a more proactive approach to environmental protection, legal issues across many areas will intersect with environmental law. From corporate social responsibility to citizen-led activism, a wide range of sectors will drive work for environmental law firms in NYC.