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Practice Areas Environmental, Litigation, Condemnation Practice Description Environmental practice including litigation, environmental impact assessment and disclosure, land-use planning and development, regulation of hazardous and toxic substances and wastes, corporate compliance, environmental audits. Education A.B., 1960 Radcliffe College (magna cum laude) A.M.T., 1961 Harvard Graduate School of Education (with honors) J.D., 1979 New York University School of Law (Co-Editor-in-Chief, Annual Survey of American Law, 1978-1979; Vanderbilt Medal, 1979) Admissions 1980 New York 1981 U.S. District Courts, Southern and Eastern Districts of New York 1984 U.S. District Courts, Northern and Western Districts of New York 1984 U.S. Court of Appeals, Second Circuit 1986 U.S. Supreme Court 1988 U.S. Court of Appeals, D.C. Circuit 1990 U.S. Court of Appeals, Fifth Circuit. Affiliations The Association of the Bar of the City of New York (Chair, Committee on Environmental Law, 1996-1999) New York State Bar Association (Member, Executive Committee, Environmental Law Section) Publications Available on this website... "The Road Map From Bali, Part 2," New York Law Journal, February 29, 2008; "The Road Map From Bali: Part I," New York Law Journal, February 22, 2008; "Reforming U.S. Fuel Economy Standards," New York Law Journal, January 2, 2008; "Environment, Development and Human Rights," New York Law Journal, October 26, 2007; "Saving the Oceans: Magnuson-Stevens Act Amendments," New York Law Journal, August 24, 2007; "Assessing Mayor Bloomberg’s ‘Plan 2030’," New York Law Journal, June 29, 2007; "The Supreme Court’s Greenhouse Gas Decision," New York Law Journal, April 27, 2007; "Power Plant Cooling Water, Hudson River Fish - Again," New York Law Journal, February 23, 2007; "Climate Change and Environmental Practice," New York Law Journal, December 22, 2006; "U.S. Army Corps of Engineers' New Nationwide Permits," New York Law Journal, October 27, 2006; "The Revised Equator Principles," New York Law Journal, September 1, 2006; "The Supreme Court Addresses the Clean Water Act," New York Law Journal, June 23, 2006; "Litigating Climate Change Via State Regulations, Federal Courts," New York Law Journal, April 28, 2006; "'Improving' the National Environmental Policy Act?," New York Law Journal, February 24, 2006; "Judge Alito's Environmental Record," New York Law Journal, December 23, 2005; "Recovering from Katrina," New York Law Journal, November 3, 2005; "Section 107(a) Cost Recovery Claims Given New Life: Consolidated Edison Company of New York, Inc. v. UGI Utilities, Inc.," Client Advisory, October 24, 2005; "New York’s Brownfield Law Opens Up New Development Opportunities," Client Advisory, November 2004; "Rebuilding Lower Manhattan," New York Law Journal, October 26, 2001 Additional Publications “Judge Roberts' Environmental Record,” New York Law Journal, August 26, 2005 (co-authored); “New York's Department of State and the St. Lawrence Cement Plant,” New York Law Journal, June 24, 2005 (co-authored); “Integrated, Not Segmented, View of the Environment Is Needed,” New York Law Journal, April 21, 2005 (co-authored); “After 'Sosa': Claims Under the Alien Tort Claims Act - Part III,” New York Law Journal, December 23, 2004 (co-authored); “After 'Sosa': Claims Under the Alien Tort Claims Act - Part II,” New York Law Journal, October 26, 2004 (co-authored); “After Sosa: Claims Under the Alien Tort Claims Act - Part I,” New York Law Journal, August 27, 2004; “Constitutional Status of the Clean Air Act’s Compliance Orders,” New York Law Journal, June 25, 2004; “The Equator Principles: Lending With An Environmental String,” New York Law Journal, April 23, 2004 (co-authored); “Saving the Oceans - Part 3,” New York Law Journal, December 26, 2003 (co-authored); “Saving the Oceans - Part 2,” New York Law Journal, October 28, 2003 (co-authored); “Saving the Oceans - Part 1,” New York Law Journal, August 29, 2003 (co-authored); “Alien Tort Claims Act,” New York Law Journal, July 1, 2003 (co-authored); “Environmental Metaphors For Poverty,” New York Law Journal, May 12, 2003 (co-authored); “New Source Review Under the Clean Air Act–Part I,” New York Law Journal, January 3, 2003 (co-authored); “Undermining the U.S. National Environmental Policy Act (NEPA),” New York Law Journal, October 25, 2002 (co-authored); “Standing in SEQRA Case,” New York Law Journal, August 23, 2002 (co-authored); “NAFTA's Chapter 11: Environmental Claims,” New York Law Journal, July 8, 2002 (co-authored); “EPA Air Quality Standards Upheld,” New York Law Journal, April 26, 2002 (co-authored); “Examining DEC's Proposals on Environmental Justice,” New York Law Journal, February 22, 2002 (co-authored); “U.S. v. The Marrakesh Accords: Standing Alone on Climate Change,” New York Law Journal, January 4, 2002 (co-authored) Prior Experience 1987-1994 Partner, Berle, Kass & Case 1981-1986 Associate, Berle, Kass & Case 1979-1981 Law Clerk, Honorable Gerard L. Goettel, U.S. District Court, Southern District of New York Illustrative MattersClient Description Municipality Federal court litigation against party responsible for environmental contamination of municipality's property; defending municipality in CERCLA cost recovery action. Manufacturing company Defending client in New York State court suit alleging property damage from environmental contamination. New York State public benefit corporation Advice and litigation on environmental issues, condemnation issues, and constitutional issues (First Amendment) relating to development project. Real estate developer Advice on environmental impact assessment and permitting for golf course project. Private Individual Challenging town Planning Board and Zoning Board actions in land use matter. Municipality Defending client in federal court case involving municipality’s environmental regulations for its waterfront. Japanese company Reviewing environmental issues in acquisitions of U.S. companies and properties. Environmental organization Challenging sale of municipal water system in state court administrative review proceeding. Performing arts organization Challenging option to repurchase property, in state court litigation on grounds of violation of the rule against perpetuities. New York State public authority Defense of authority in oil spill litigations and representation of authority in condemnation proceeding. |
