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ENVIRONMENTAL

Nixon Peabody is celebrating the 30th anniversary of its environmental practice, being one of the first in the nation to offer a full-service practice from the advent of many of the environmental regulations. Our broad spectrum of services crosses many industrial sectors and include:

  • Regulatory compliance counseling and enforcement defense
  • Industrial facility siting and permitting, and permit renewals
  • Land use, wetlands, state/national environmental quality reviews and brownfields redevelopment (including tax credits)
  • Transactional due diligence (domestic and multinational acquisitions and divestitures)
  • Environmental litigation, environmental and mass torts, Superfund PRP group representation
  • Site investigation, remediation and facility closure
  • Environmental compliance and management system auditing
  • Spill release reporting and emergency planning/community right-to-know
  • Governmental investigations (including at nuclear and high-security facilities)
  • Occupational health and safety incidents and management systems
  • Emissions credit trading
  • Solid and hazardous waste, RCRA corrective action and enforcement

Our environmental attorneys and professional specialists can join forces with your internal teams to understand the business drivers and to help provide practical, efficient, and successful solutions to environmental issues and to complete transactions.

Thought Leadership/Alerts

Gov. Andrew Cuomo unveils major economic development initiative offering tax benefits to businesses operating on or near select college and university campuses
New York Law Alert | May 30, 2013

Drill, maybe, drill: New York appellate court upholds right of municipalities to prohibit oil and gas development
Energy Alert | May 8, 2013

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High Volume Hydraulic Fracturing and Home Rule: The Struggle for Control
May 3, 2013

California's greenhouse gas cap-and-trade program in action with a new alliance, but facing renewed scrutiny
Environmental Alert | May 1, 2013

Webinar Recording: EPA: What will the next four years bring?
Originally recorded April 25, 2013 | April 29, 2013

California's green chemistry regulations of consumer products inch closer to completion
Products: Class Action, Trade & Industy Representation Alert | April 16, 2013

The new "Green Guides": Federal Trade Commission's guidance for avoiding deceptive marketing claims
Legally Green Alert | October 31, 2012

New California laws promote distributed energy, biopower, and expanded net metering in California
Renewable Energy Alert | October 25, 2012

San Francisco bag fees took effect October 1
Environmental Alert | October 9, 2012

Public Notice and Comment Period Ends October 11, 2012 for California's Green Chemistry Initiative's Proposed Safer Consumer Product Alternatives Regulations
Environmental Alert | October 1, 2012

Supreme Court rules against EPA and opens the door to pre-enforcement judicial review of administrative compliance orders
Environmental Alert | March 29, 2012

Bagging the bag: managing compliance with laws that limit the use of carryout bags
Legally Green Alert | March 2, 2012

Round 1: Court Holds Municipality May Enact Local Law Prohibiting Oil and Gas Drilling Operations
Energy Alert | February 24, 2012

Massachusetts state agencies' wind turbine health impact study reveals insufficient evidence to support "wind turbine syndrome"
Energy Alert | January 23, 2012

California's Cap-and-Trade Program gains final approval to go into effect Jan. 1, 2012
Environmental Alert | October 31, 2011

Bills propose extension of ITC for offshore wind projects
Energy Alert | October 20, 2011

New York State Department of Environmental Conservation releases plan for shale gas extraction permitting
Energy Law Alert | July 15, 2011

New York State Legislature Finally Reauthorizes Power Plant Siting Statute
Energy Law Alert | July 11, 2011

Supreme Court rules against Federal common law nuisance claims because EPA, not the Judiciary, is authorized to regulate utility emissions of greenhouse gases
Environmental Law Alert | June 22, 2011

EPA proposes use of site-specific entrainment best technology available determinations for existing power plants and industries that utilize cooling water
Energy Law Alert | April 6, 2011

San Francisco Judge deals a major setback to California's Cap-and-Trade Program
Environmental Law Alert | March 24, 2011

Photovoltaics — A brief European survey
Energy Law Alert | March 23, 2011

Facilitating offshore wind in the U.S.
Energy Law Alert | February 11, 2011

2010 Tax Act has credit, grant, and depreciation extensions and changes
Tax Credit Alert | December 20, 2010

OSHA announces a radical new and enormously costly interpretation of occupational noise standards
OSHA Alert | October 28, 2010

Texas Court's decision raises wider scrutiny of tax credit allocation policies
Tax Credit Alert | October 14, 2010

Federal Trade Commission proposes revised "Green Guides" and seeks public comment
Legally Green Alert | October 13, 2010

Roadside ditches — the next target for NPDES permitting?
Environmental Law Alert | October 4, 2010

France accelerates its development of offshore wind energy
Energy Law Alert | August 26, 2010

Department of Energy issues Solicitation seeking loan guarantee applications for renewable energy manufacturing projects
Energy Law Alert | August 24, 2010

EPA releases guidance on CAFO operations — attempts to clarify the “discharge” or “proposing to discharge” threshold
Agribusiness Alert | July 2, 2010

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Press

Chambers Recognizes Leading Nixon Peabody Attorneys and Practices
March 14, 2013

Nixon Peabody Expands Energy & Environmental Practice
March 7, 2013

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Media Clips

  • Eastern States, DC Sue EPA Over Exemptions on Cross-border Power Plant Emissions
    SNL Power Daily | May 7, 2013

    Rochester partner and leader of the firm’s Energy & Environmental practice Scott Turner discusses a pending lawsuit against the Environmental Protection Agency over the agency’s move to exempt states at least temporarily from addressing in their implementation plans power plant emissions degrading air quality outside their borders.

  • Stakeholders Weigh In On Maryland Offshore Wind
    North American Windpower | April 23, 2013

    Boston energy & environmental associate Jen Simon Lento discusses the wind industry’s reactions to the Maryland Offshore Wind Energy Act of 2013.

  • Genesee Valley Chapter Industrial Issues Committee - Mission of Service and Relevance
    Clean Waters (a New York Water Environment Association publication) | April 15, 2013

    Rochester senior environmental health engineer Libby Ford co-authored this column discussing how the New York Water Environment Association’s Industrial Issues Committee (IIC) has helped members understand and map the path to local and federal regulatory compliance.

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  • What the Future Holds for Fracking In NY
    Energy Law360 | April 9, 2013

    This contributed article authored by Albany Energy & Environmental counsel Peter Trimarchi, Albany Energy & Environmental partner Ruth Leistensnider, Rochester Products: Class Action, Trade & Industry Representation partner Chris Thomas, and Rochester Real Estate associate Greg Nearpass discusses two major developments expected this spring that will largely determine the extent to which high-volume hydraulic fracturing (HVHF) will occur in New York state.

  • Law: Firms add hires with energy expertise
    Environment & Energy News | March 7, 2013

    This coverage notes the arrival of Albany energy and environmental counsel Peter Trimarchi.
  • Act Now To Harness IRS Energy Tax Credits
    Energy Law360 | March 1, 2013

    New York City energy & environmental partner Ellen Friedman, Boston tax credit finance & syndication partner Forrest Milder and San Francisco energy & environmental associate Alison Torbitt co-authored this column noting that interest applicants should act quickly to benefit from the $150 million of advanced energy manufacturing tax credits available from the Internal Revenue Service.
  • Human Capital: People on the move
    Boston Business Journal | January 30, 2013

    This coverage notes that Chief Sustainability Officer Carolyn Kaplan has joined the Corporate Responsibility Officers Association (CROA) board of advisors.

  • Hot Market, Cool Reactions
    Boston Business Journal | November 30, 2012

    Boston Energy & Environmental partner Ruth Silman discusses the state of solar development in this feature article on Massachusetts’ green-energy sector.
  • New ‘Green Guides' Set Rules for Environmental Marketing
    Rochester Business Journal | November 23, 2012

    This column, co-authored by partner Jeff LaBarge, Chief Sustainability Officer Carolyn Kaplan, and associate Alison Torbitt, discusses new “Green Guides” from the Federal Trade Commission.

  • Fracking Wastewater: Are there adequate rules to manage it
    Rochester Business Journal | October 5, 2012

    Rochester senior environmental health engineer Libby Ford authored this column discussing the wastewater issues associated with hydraulic fracturing (“hydrofracking”). The full article is available here: http://www.rbj.net/article.asp?aID=192796
  • Legal Firms Prepare for Hydraulic Fracturing
    WXXI-TV | September 24, 2012

    Rochester Energy & Environmental partner Jean McCreary and Rochester Real Estate associate Greg Nearpass, both members of the firm’s Shale Gas Initiative, are interviewed in this TV segment discussing how law firms across New York State are preparing for decisions regarding hydraulic fracturing in the Marcellus Shale formation.

  • Taking it to the Streets: The value of a proactive approach to home rule
    The Pipeline | September 22, 2012

    Rochester Energy & Environmental associate Amy Reichhart authored this article discussing legislation and/or resolutions dealing directly with high-volume hydraulic fracturing (“HVHF” or “hydrofracking”).
  • Awards and Achievements
    Rochester Business Journal | July 27, 2012

    This news brief highlights Rochester senior environmental engineer Libby Ford’s new role as fellow of Water Environment Federation.

  • BOEM Considers First Offshore Hydrokinetic Power Lease
    Law 360 | April 24, 2012

    The feature story notes that the Bureau of Ocean Energy Management received its first-ever lease application for a hydrokinetic power testing area. Boston Energy & Environmental associate Jen Simon Lento provides third-party commentary.

  • Movers & Shakers
    Long Island Business News | April 3, 2012

    In this column noting executive moves and promotions, the arrival of Long Island Energy and Environmental counsel Jesse Hiney is highlighted.

  • Perspectives: Municipal wet weather and nutrients
    Water Environment & Technology | April 1, 2012

    Rochester senior environmental health engineer Libby Ford is among the industry sources commenting on the most pressing water quality issues for 2012.

  • Planning a Fossil Teardown
    Public Utilities Fortnightly | April 1, 2012

    This contributed article, authored by Rochester Real Estate partner Bruce Baker, Rochester Energy & Environmental partner Jean McCreary, and Rochester senior environmental health engineer Libby Ford, discusses new Environmental Protection Agency (EPA) regulations that are driving companies to decommission older power plants and the issues faced during this process.

  • Solar Panels Gain Ground, But Growth May Be Limited
    Rochester Business Journal | November 25, 2011

    This feature article discusses the use of solar panels in the Rochester community. Energy & Environmental practice group leader Scott Turner and Rochester Real Estate & Construction partner Bruce Baker provide commentary in the piece.

  • New York’s new Article X siting law: Be careful what you wish for?
    SNL FERC Power Report | November 2, 2011

    This article discusses New York’s new Article X power plant siting law. Albany Energy & Environmental partner Rich Cogen provides third-party commentary in the piece.

  • Human Capital: People on the Move
    Boston Business Journal | October 19, 2011

    This coverage notes that the firm’s Chief Sustainability Officer, Carolyn Kaplan, has been named to serve on the Boston Bar Association’s Task Force on Environmental Sustainability.

  • The Next Big Thing Is Tiny
    Executive Counsel | July 1, 2011
    This article, authored by Rochester Energy & Environmental partner Jean McCreary, discusses the growth of the nanotech-enabled consumer products industry.
  • Local Attorneys React to ‘Global Warming’ Decision
    Daily Record | June 30, 2011
    The feature story discuses the U.S. Supreme Court’s decision in American Electric Power Co. Inc. v. Connecticut, a case focused on greenhouse gas emissions. Rochester office managing partner and leader of the firm’s Energy & Environmental practice Scott Turner provides commentary.
  • In New Role, Turner Shares Ideas on Energy, Environment
    The Daily Record | June 6, 2011
    This article profiles Rochester office managing partner Scott Turner, who was recently named Energy & Environmental practice group leader.
  • Policy Briefing
    Civil Engineering | June 1, 2011
    This feature story focuses on draft new guidelines published by the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers, which could enlarge the scope of the Clean Water Act. Rochester senior environmental health engineer Libby Ford provides third-party commentary.
  • Nixon Peabody Managing Partner to Lead Firm’s Environmental, Energy Practice
    Democrat and Chronicle | May 10, 2011
    This coverage notes that Rochester office managing partner Scott Turner has been named to lead the firm’s Energy & Environmental practice.
  • On the Move
    The Recorder | March 25, 2011
    In this column noting industry moves and promotions, Silicon Valley office managing partner Greg O’Hara is included for being elected chair of the firm’s Policy Committee.
  • EPA Shifts Focus of Clean Water Act Regime
    Environmental Law 360 | February 23, 2011
    This feature article discusses the U.S. Environmental Protection Agency’s (EPA) new regulations designed to ramp-up enforcement to curb hard-to-control sources of pollution. Rochester senior environmental health engineer Libby Ford provides commentary in the piece.
  • New York Groups Unite to Fight New Chesapeake Bay Pollution Standards
    Elmira Star Gazette | October 23, 2010
    This feature story discusses resistance to new Chesapeake Bay pollution standards. Rochester environmental health engineer Libby Ford provides commentary addressing the end-of-the-year timeline the Environmental Protection Agency is working against.
  • Around Tech Valley
    Albany Times Union | October 4, 2010
    In this column highlighting local business news including moves and promotions, it is noted that Albany Energy & Environmental partner Ruth Leistensnider has been named to the Board of Directors of the New York Solar Energy Industries Association.
  • News in Brief
    New York Law Journal | September 29, 2010
    In this column highlighting New York State legal industry news, it is noted that Albany Energy & Environmental partner Ruth Leistensnider has been named to the Board of Directors of the New York Solar Energy Industries Association.
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Events

EPA: What will the next four years bring?
April 25, 2013 | Rochester, NY

Webinar: EPA: What will the next four years bring?
April 25, 2013

Real Life Fouls and Penalties: Considerations, issues, and strategies for business owners given the recent and significant increase of whistleblower activity
December 3, 2012 | Jericho, NY

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Environmental