Environmental Practice
Carter Ledyard & Milburn LLP’s Environmental Practice Group is headed by Stephen L. Kass, Clifford P. Case, III, and Jean M. McCarroll (former partners at Berle, Kass & Case, a firm noted for its expertise in environmental law since 1972). The Environmental Practice Group also includes Christine Fazio and associates Victor J. Gallo, Ethan Strell, Christopher Rizzo and Judith Wallace, all of whom have prior professional experience at federal, state or municipal environmental agencies or non-profit organizations in the environmental field. In May 2006, Barry S. Neuman joined the Environmental Practice Group in the Washington, D.C. office. Mr. Neuman has practiced environmental law and litigation for more than 30 years, and his practice spans virtually every federal environmental law at the trial court, appellate and administrative levels.
The Environmental Practice Group represents both governmental and private clients in permitting for major projects and facilities, advises clients in the preparation of environmental impact statements and assessments under federal and state law, and represents clients in a broad range of environmental litigation and administrative proceedings, including all forms of environmental litigation in federal and state courts, environmental impact assessment and disclosure, land-use planning and development, regulation of hazardous and toxic substances, corporate compliance and environmental audits, historic preservation, governmental relations, and international environmental regulation.
Among the corporate and governmental clients that Mr. Kass, Mr. Case, Ms. McCarroll, and Mr. Neuman have represented in environmental and land-use matters are: Archer-Daniels-Midland Co., Anacostia Waterfront Corporation, Nabisco Brands, Inc., Alloy Technology International, Inc., EPCOR Utilities Inc., National Broadcasting Company, the Trump Organization, Related Housing, Julien J. Studley, Inc., United Water Resources, Inc., Gerald Metals, Inc., Levco Metals, Iscar Ltd., AWT-Chemfix Joint Venture, First National Bank of Chicago, First City Investors, the Kasuga Group, National Railroad Passenger Corporation, Norfolk Southern Corporation, GATX Financial Corporation, Kaneka Delaware Corporation, Dynamic Worldwide Development Corp., Pollution Risk Services, LLC, Lawrence Berkeley National Laboratory, International Specialty Products Inc., GAF Corporation, Air Transport Association, EmeraChem, American Chemistry Council, Coalition for Clean Fuels, Great Lakes Chemical Corporation, Lukens Steel Inc., Picillo PRP Group, Butler Mine Tunnel PRP Group, Beth Abraham Health Services, New York Presbyterian Hospital, Westbeth Corp. Housing Development Fund Company, Inc., Elders International Inc., Wullschleger Enterprises Incorporated, Steinway Musical Properties, Inc., Ferry Point Partners, Exco, Inc., Lincoln Center for the Performing Arts, Carnegie Hall, the YMCA of New York City, Battery Park City Authority, City of Newburgh, City of Niagara Falls, City of White Plains, Greene County, Lincoln County, Metropolitan Transportation Authority, New York City Council, New York City Convention Center Development Corporation, New York City Transit Authority, New York State Energy Resource and Development Authority, New York State Housing Finance Agency, New York State Urban Development Corporation (Empire State Development Corporation), Lower Manhattan Development Corporation, New York Power Authority, Long Island Power Authority, Rochester Convention Center Development Corporation, Roosevelt Island Development Corporation, Roosevelt Island Operating Corporation, Town of Boyertown, Town of Southampton, Village of Cheshire, Village of Larchmont, Village of North Tarrytown, Village of Pelham, Westchester County Board of Legislators, the United Nations Centre on Transnational Corporations and numerous environmental and non-profit organizations, including the Natural Resources Defense Council, National Audubon Society, Sierra Club, Environmental Integrity Project, Inc., Physicians for Social Responsibility, Scenic Hudson, League of Women Voters of New York State, NAACP Legal Defense and Educational Fund and Human Rights Watch.
The preceding and many other matters have included substantial involvement in both the legal and the technical aspects of environmental regulation. The relevant areas of the Group’s acquired expertise include air quality (both stationary and mobile sources); water quality (regulatory and grant programs), wetlands (delineations and enforcement actions), coastal zones and aquifer protection; solid waste disposal (landfill permitting); hazardous wastes and substances (federal and state Superfund proceedings and contribution actions), asbestos and lead removal, and site investigation and remediation; land use and development (zoning approvals and facility and plant siting); “brownfields” development; resource recovery; transportation (infrastructure, motor vehicle and transit impacts); catastrophic releases of hazardous materials during transportation (National Transportation Safety Board investigations); historic preservation (including rehabilitation credits and landmark reviews); and other subjects of environmental concern.
Two members of the Environmental Practice Group, Mr. Kass and Ms. McCarroll, write a regular “Environmental Law” column for the New York Law Journal and, together with Messrs. Case and Neumanalso write frequently for a broad range of professional publications on environmental issues (see attached list of Environmental Practice Group Professional Publications). Both Mr. Kass and Ms. McCarroll have taught environmental law at New York area schools, and Mr. Kass currently serves as Adjunct Professor of International Environmental Law at Brooklyn Law School in New York. Ms. McCarroll served as Chair of the Committee on Environmental Law of the Association of the Bar of the City of New York from 1996 through 1999, and Ms. Fazio now serves as Chair of that Committee. Ms. McCarroll is a member of the Executive Committee of the Environmental Law Section of the New York State Bar Association, and Mr. Case is an active speaker for the Environmental Law Section on options available to municipal owners of contaminated “Brownfields” sites. Mr. Kass and Ms. McCarroll have also co-chaired the Environmental Law Committee of the New York State Bar Association’s Commercial and Federal Litigation Section and authored the chapter on Environmental Litigation in West Publishing Co.’s leading treatise, “Commercial Litigation in New York.” Mr. Case recently represented the International Municipal Lawyers Association on the U.S. Environmental Protection Agency’s Negotiated Rulemaking Committee on All Appropriate Inquiry under the federal “Superfund” statute.
Principal Areas of Expertise:
Environmental Disclosure and Permitting - The Environmental Practice Group represents corporations and developers, governmental entities, and citizens’ groups in proceedings involving environmental reviews, permits, and regulatory activity. It also represents developers seeking approvals under local zoning, subdivision, waterfront, and wetlands regulations and has extensive experience with New York City’s Uniform Land Use Review Procedure and the comparable permitting procedures of other New York municipalities. The Environmental Practice Group participates in, and advises clients concerning, the preparation of environmental impact statements under the National Environmental Policy Act (NEPA), the New York State Environmental Quality Review Act (SEQRA), the D.C. Environmental Policy Act, and (together with local counsel) the corresponding statutes of other jurisdictions. Members of the Environmental Practice Group also serve as consultants to public agencies and private clients on environmental questions and advise corporate and institutional clients on environmental compliance of facilities and properties in connection with their acquisition, financing, operation, and sale.
In the course of this work, Mr. Kass, Mr. Case, or Ms. McCarroll have served as environmental or land-use counsel for numerous major projects, including the rebuilding of the World Trade Center Site in Manhattan, the 42nd Street Development Project in Times Square, a 7,500-unit residential development plan for the Arverne neighborhood in New York City, a municipal water treatment plant, private sewage sludge treatment facilities, the expansion of Lincoln Center, the new Westchester Mall in White Plains (with Nordstrom and Neiman Marcus as anchors), the renovation of NBC’s headquarters in Rockefeller Center, redevelopment of portions of the Anacostia waterfront in Washington, D.C., championship golf course and residential developments in Purchase, Bedford, North Castle, and Briarcliff Manor in Westchester County, N.Y., and Ferry Point Park in New York City, the renovation of Penn Station in New York City, the New York Power Authority’s In-City Generation Project, the Northtown II and Southtown residential developments on Roosevelt Island, and numerous other commercial, residential, and industrial projects. The Environmental Practice Group also has been involved in permitting for, or challenges to, proposed landfills, airports, highways, bridges, residential subdivisions, shopping centers, surface mines, and water supply installations.
Hazardous and Nuclear Waste; Corporate Compliance - The Environmental Practice Group regularly advises clients concerning the federal Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Toxic Substances Control Act (TSCA), the Emergency Planning and Community Right-to-Know Act (EPCRA), and their state counterparts. As part of this work, Group members represent potentially responsible parties at federal and state Superfund sites (including serving as common counsel to PRP Groups), institute and litigate cost recovery actions against other potentially responsible parties, and litigate with the Environmental Protection Agency, Department of Environmental Conservation, and other governmental agencies on behalf of corporate clients. They advise industrial, municipal, and institutional clients on compliance with RCRA, CERCLA, and the other federal, state, and local statutes and regulations governing hazardous wastes and substances. They represent companies of all sizes and their principals, as well as municipalities, in government enforcement actions and citizen suits. Environmental Practice Group attorneys also represent private applicants and public clients in licensing proceedings before the Nuclear Regulatory Commission, including current representation of a county government in connection with the proposed disposal of nuclear waste at Yucca Mountain, Nevada, and have represented one of the nation’s most renowned research laboratories in a variety of environmental and radiation-related matters.
Corporate Transactions - In the transactional area, the Environmental Practice Group advises potential buyers, sellers, and lenders as to the potential hazardous waste and other environmental risks (or liabilities) involved in the transfer of real property, joint ventures, secured (or equity participation) financings, and mergers, acquisitions, and corporate reorganizations. This representation includes the supervision of environmental audits and the preparation of indemnification agreements with or among potentially responsible parties. The Group also provides on-going counseling and representation to clients in connection with unanticipated releases of hazardous materials onto their own or adjacent properties, as well as the development and implementation of corporate policies relating to environmental standards and procedures. Carrying out these assignments involves working closely with both the client’s in-house (or regular outside) counsel and, where appropriate, with Carter Ledyard & Milburn LLP’s own corporate, securities, tax, real estate, or insurance groups.
Members of the Environmental Practice Group also counsel and represent clients in the recycling field. Mr. Case was the founder and for many years the President of the National Recycling Coalition and currently serves as Chairman of NRC’s EPA-funded Recycling Advisory Council.
Litigation - Members of the Environmental Practice Group have both depth and breadth of experience litigating environmental cases at the trial and appellate levels, before federal and state courts across the county and before administrative agencies. Their experience includes jury and bench trials, administrative adjudications, and all phases of pre-trial litigation, as well as dozens of appellate cases. They have substantial experience in alternative dispute resolution and structuring complex settlements. Mr. Kass and Ms. McCarroll were involved in many cases that established or expanded contemporary environmental rules or procedures, including Scenic Hudson Preservation Conference v. Federal Power Commission (the path-breaking litigation that led to the development of much of contemporary environmental law), Sierra Club v. U.S. Army Corps of Engineers (Westway), and Jackson v. New York State Urban Development Corporation ("hard look" standard under SEQRA), as well as many other federal and state cases involving air quality, water quality, historic preservation, traffic management, waste disposal, open space preservation, land-use planning, surface mining and other environmental disputes. Mr. Case and Ms. McCarroll, along with other attorneys of the firm, represented the successful plaintiff in City of Newburgh v. Central Hudson Gas & Electric Corp., obtaining a significant federal jury verdict for cleanup of wastes from a former manufactured gas plant on property adjacent to the City’s property. Over the course of his career at the Department of Justice and in the private sector, Mr. Neuman has served as lead counsel to a Fortune 600 company in a 60-day, multi-party private cost recovery action under CERCLA (United States v. Atlas Minerals & Chemicals, Inc.), as lead trial counsel in a two-week administrative trial successfully challenging the New Jersey DEP’s denial of groundwater discharge permits and as counsel in numerous RCRA, CERCLA and Clean Water Act cases, including United States v. Vineland Chemical, Inc., Citizens for a Better Environment v. Gorsuch and National Association of Metal Finishers v. EPA.
Energy and the Environment - The Environmental Practice Group provides regulatory and licensing services to the energy sector and advises clients concerning regulations under the jurisdiction of the Federal Energy Regulatory Commission and its state counterparts, such as the New York Public Service Commission. The Environmental Practice Group has served as counsel to both the New York Power Authority (NYPA) and Long Island Power Authority (LIPA) regarding the siting, construction and operation of numerous new power plants throughout New York City and Long Island, as well as licensing issues related to hydro-power and nuclear-power plants and the construction of new transmission cables. The Environmental Practice Group is also at the forefront of renewable energy activities, as envisioned by the Energy Policy Act of 2005, and currently is assisting LIPA in a new off-shore wind project proposed to be sited in the Atlantic Ocean.
Historic Preservation - Members of the Environmental Practice Group have extensive experience in both landmarking and historic preservation matters under the National Historic Preservation Act, the Section 106 review process of the Advisory Council on Historic Preservation, the New York State Historic Preservation Act, and New York City and other landmarks ordinances. This experience includes representing developers who seek to rehabilitate and reuse properties of historic significance (or to develop adjacent to such properties), private clients and nonprofit organizations who seek to challenge developments that would adversely affect historic properties, clients who seek to take advantage of the tax credits available for the rehabilitation of historic buildings, and charitable organizations that seek to preserve environmentally sensitive land and open space in urban, suburban, and rural areas. Mr. Kass is the principal author of Rehabilitating Older and Historic Buildings (published by John Wiley & Sons), the leading one-volume summary of law and practice in this field for lawyers, accountants, developers, and government officials.
International Environmental Law - Environmental Practice Group members have represented European, Canadian, Latin American, Japanese and Israeli businesses and individuals in corporate transactions, property acquisitions, environmental reviews, and litigation. Mr. Kass also helped to develop proposed environmental regulations for the hydrocarbon industry in Ecuador and has written extensively on the new environmental law of the World Trade Organization (WTO) and the North American Free Trade Agreement (NAFTA) and its Supplemental Agreements on Environmental Cooperation, as well as on the environmental implications of the ISO 14000 standards for corporations engaged in international trade. Mr. Kass is an active member of the Council on Foreign Relations and other professional organizations concerned with international development and has served as Chair of the New York City Bar Association’s Special Committee on International Environmental Law, the Association’s Committee on Inter-American Affairs, and the Association’s Council on International Affairs. He teaches International Environmental Law at Brooklyn Law School and has served as consultant to the NAFTA Joint Public Advisory Committee on issues related to citizen submissions under the North American Agreement on Environmental Cooperation.
