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Practice Areas

Tax Exempt Organizations Real Estate, Litigation, Environmental, Commercial Lending, Legal Audit and Investigation, Tax Exempt Organizations

Practice Description

Practice includes environmental, corporate, real estate, and tax-exempt organization matters. Environmental practice encompasses litigation and regulation as well as environmental aspects of corporate transactions.

Education

• A.B., 1966 Harvard College (magna cum laude)
• J.D., 1969 Harvard Law School (cum laude)

Admissions

• 1970 New York
• 1972 U.S. Court of Appeals, Second Circuit
• 1972 U.S. District Courts, Southern and Eastern Districts of New York
• 1988 U.S. Court of Appeals , D.C. Circuit
• 1990 U.S. District Courts, Northern and Western Districts of New York

Affiliations

• National Recycling Coalition, (Board of Directors Honorary)
• The Association of the Bar of the City of New York
• New York State Bar Association (Municipal and Environmental Law Sections)
• International Municipal Lawyers Association (Chair, Health & Environment Section)
• Non-Profit Coordinating Committee of New York
• U.S. Environmental Protection Agency Negotiated Rulemaking Committee for All Appropriate Inquiry (Member)
• NAACP Legal Defense and Educational Fund, Inc. (Board of Directors; Treasurer; Chair, Finance Committee)
• Institute for Music and Neurologic Function (Board of Directors)

Publications Available on this website...

"United States Supreme Court Limits Punitive Awards in Maritime Civil Suits," Client Advisory, June 27, 2008; "Environmental Protection Agency Releases Proposed Permits for Discharges Incidental to the Normal Operation of Vessels," Client Advisory, June 19, 2008; "Proposed Air and Water Regulations in the U.S. Will Establish Greener Standards for Ships," Client Advisory, January 3, 2008; "New York and Other States Accelerate Efforts to Address Climate Change," Client Advisory, November 2007; "New York Law Allows Immediate Tax Exemption for Real Property Acquired by Nonprofit Organizations," Client Advisory, September 21, 2007; "New York Law Allows Immediate Tax Exemption for Real Property Acquired by Nonprofit Organizations," Client Advisory, September 21, 2007; "New California Standards for Fuels and Airborne Control Measures Affect Shipping," Client Advisory, May 15, 2007; "Beware of the 'Magic Pipe'," Ship Management International, February 2007; "New EPA Standard for Investigating Contaminated Sites," Client Advisory, April 19, 2006; "New GASB Standard for Governmental Reporting of Cleanup Obligations," Client Advisory, February 13, 2006; "IRS Solicits Applications for Qualified Green Building and Sustainable Design Project Bonds," Client Advisory, July 27, 2005; "New York’s Brownfield Law Opens Up New Development Opportunities," Client Advisory, November 2004; "New EPA Standard for Investigating Contaminated Sites: Protection for Those Conducting "All Appropriate Inquiries"," Municipal Lawyer, June 2004

Additional Publications

"U.S. Enforcement of Maritime Environmental Laws: Peering into the Crystal Ball," Shipping & Transport International, Volume 6 Number 2 (2007); Federal and New York State Reporting Requirements For Environmental Spills and Releases, June 2001; "Alien Lifeforms Finding Their Way Through U.S. Ballast Bug Measures," Lloyd’s List, April 11, 2001; "Seeking a Solid Landing: Rethinking Current Landfill Regulation by Evaluating Alternative Disposal Methods," Environmental Protection, March 2001 (co-authored); "Contaminated Property: What a Municipality Can Do," Fordham Environmental Law Journal, Symposium 2000; "Regulatory Deja Vu for Tankers," Lloyd's List, November 8, 2000 (co-authored); "Implementation of Local Law 38 of 1999: Local Law 38 and the Regulation of Non Rental Residential Buildings," Client Advisory, April 3, 2000 (co-authored); "Implementation of Local Law 38 of 1999: What Building Owners Need to Know About Lead-Based Paint Hazards," Client Advisory, March 2000 (co-authored); "Hudson Valley Residents Join Struggle Against Central Hudson Hazardous Waste," The Hudson Valley Green Times, Summer 2000; "The Legacy of Manufactured Gas," Energy, Winter 2000; "EPA Drafts New Disclosure Rules for Water Systems,” New York Law Journal, April 20, 1998; "Fiduciary Liability for Contamination: Caution Advised in Using New 'Safe Harbor,'" New York Law Journal, September 2, 1997; "Is It Safe To Go Back In the Water? Lender Liability Law Enacted," New York Law Journal, May 27, 1997; "Lead Law: Legal Ambiguities," Habitat Magazine, July, 1996; "New Lead Regulations to Take Effect This Fall," Real Estate Weekly, April 17, 1996; "Developments in Lead Paint Liability," New York Law Journal, September 25, 1995; “Sellers Must Disclose Lead Paint Hazards," New York Law Journal, March 13, 1995; "Designing Effective Procurement Policies," BioCycle, May, 1989; "Buying Recycled Paper: The Story Continues," Resource Recycling, July-August, 1985 (co-authored); "Waste Paper Wasted: A Non-Response to a Need for Change," 3 Environmental Affairs 221, 1974; "Electricity or the Environment: A Study of Public Regulation Without Public Control," 61 California Law Review 961, 1973 (co-authored).

Presentations

• “Environmental Law and Regulation in the Shipping Industry,” Lloyd’s Maritime Academy, March 29, 2007
• "Environmental Insurance and Brownfields Redevelopment: A Promising Combination," National League of Cities Risk Information Sharing Consortium Conference for Pool Trustees, May 13, 2005
• “When Local Governments Buy Real Property: Due Diligence Requirements,” Public Corporation Law Section, Michigan State Bar Association/Michigan Association of Municipal Attorneys Sixth Summer Educational Conference, June 26, 2004
• “Due Diligence Requirements for Acquisition of Real Property,” International Municipal Lawyers Association 68th Annual Conference, October 14, 2003
• "Brownfield Remediation on Main Street," Continuing Legal Education Program, New York State Association of Towns Annual Conference, February 19, 2002
• "Manufactured Gas: What You Need to Know," and "Recent Environmental Law Developments for Local Governments," Annual Conference of the International Municipal Lawyers Association, September 9 and 11, 2001
• "Tools Municipalities Can Use to Get Properties Cleaned Up," City of Philadelphia Law Department Continuing Legal Education Program, July 20, 2001
• "Tools Municipalities Can Use to Get Properties Cleaned Up," Mid-Year Seminar of the International Municipal Lawyers Association, April 30, 2001
• "The Problem of Manufactured Gas Plants," American City and County Magazine Roundtable, January 23, 2001
• "A Civil Action Times Two: City of Newburgh vs. Central Hudson Gas & Electric Corp.," Harvard Environmental Law Society, April 28, 2000
• "Contaminated Property: A Municipal Dilemma," Fall Meeting of the Municipal Law Section and the Environmental Law Section of the New York State Bar Association, October 2, 1999
• "Responsibilities of Directors of Not-for-Profit Corporations," 18th Annual Congress and Exposition of the National Recycling Coalition, September 27, 1999
• "Local Government's Role in Brownfields Remediation," 75th Anniversary Fall Seminar of the New York State Association of Counties, September 13, 1999
• "Contaminated Property: What a Municipality Can Do," Municipal Law Section and Environmental Law Committee of the Westchester County Bar Association, May 18, 1999
• "Lender Liability: Is It Safe to Go Back in the Water?" 1997 Environmental Awareness and Inspection Conference, April 22, 1997
• "Recent Developments in Recycled Product Definitions and Procurement Specifications,” 1991 New England Recycled Products Procurement Conference and Vendor Show, April 22, 1991
• "Recycled Printing and Writing Paper: Industry Goals, Societal Concerns," Annual Meeting of the Printing and Writing Paper Division of the American Paper Institute, March 11, 1991

Prior Experience

• 1978-1994 Partner, Berle, Kass & Case, New York, New York
• 1979 Counsel, New York State Assembly Subcommittee on Public Power
• 1972-1976 Assistant Counsel, Associate Counsel, Deputy General Counsel, New York State Urban Development Corporation

Illustrative Matters

Client	Description
New York State municipality	Federal litigation and related state administrative proceedings arising from damage caused by historic pollution from gas manufacture; obtained the largest compensatory damages award to date in manufactured gas case in federal jury trial on clean-up costs.
European food additives manufacturer	Environmental advice concerning multi-facility acquisition from U.S. pharmaceutical company; assistance in connection with wastewater treatment plant expansion and ongoing facility sales and purchases.
National producer of radiopharmaceuticals	Successful defense against challenge to right to operate under local and state environmental and land use laws.
Non-profit local health services provider	General real estate and financing representation.
National environmental organization	Real estate representation.

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