We use our deep experience and integrated legal, scientific and engineering knowledge across all environmental media to move our client’s objectives forward by anticipating, minimizing and developing practical solutions for business and regulatory risks.
Our nationally recognized environmental team helps clients spot and avoid present and potential environmental issues before they become big problems.
Whether you’re encountering serious environmental compliance issues, trying to protect yourself from acquiring environmental liabilities in a merger or acquisition or facing toxic tort or property damage litigation—we’re on the ground to guide you.
From regulatory counsel to transactions and litigation, we forge strategic and practical approaches that maximize opportunities and minimize risk. We join forces with our clients to understand their business drivers, predict future hurdles and move their business forward.
We offer our clients a highly qualified in-house team of environmental engineers and scientists. With every technically complex permitting, remediation and regulatory compliance issue, we go the extra mile for our clients.
We always have been and always will be pioneers in environmental law both in the U.S. and internationally.
We work with
- Industrial firms
- Energy companies
- Financial institutions
- Hospitals and medical centers
- Electric, gas and water utilities
- Technology companies
- Waste management companies
- Represented Seneca Meadows, Inc., New York State’s largest landfill, in the successful environmental permitting of a major landfill expansion in Central New York that involved DEC, EPA, the Army Corps of Engineers, the U.S. Fish & Wildlife Service and the municipality. Four state permits, four local permits, a federal permit and an Endangered Species Act consultation were required in order for the expansion to be constructed. The state and federal wetland permits were especially controversial because of the significant wetland acreage impacted by the 181-acre landfill expansion.
- Represented PG&E National Energy Group as the first merchant electric generating facility to undergo all aspects of the complicated environmental review under Article X of the Public Service Law in New York. Our services included providing legal counsel regarding NEPA and NHPA as part of obtaining permits from the Army Corps of Engineers for this highly controversial project and the successful defense of a NEPA and NHPA challenge to the Army Corps of Engineers Permit.
- Represent Covanta Energy Corporation with respect to environmental issues at its energy- from-waste facilities across the United States.
- Represent a leading car rental company as national environmental counsel handling environmental transactional, regulatory, contractual, petroleum bulk storage issues and related claims.
- Leading an investor-owned utility through one of the very first power plant demolition processes. We are representing the client in the planning, permitting, environmental review, investigation, commercial RFP and technical specification development process for the planned demolition of two former coal-fired power plants situated in urban and suburban areas.
- Represented Nuclear Fuel Services in successfully resolving a RCRA enforcement action brought by EPA Region 4.
- Represented Tioga County Industrial Development Agency in the development of the Lounsberry Industrial Park, including preparation of environmental impact statement, for use of this site as a regional distribution facility for Best Buy Stores. This project also included a grant from the federal government, and as a result, we were involved in preparing the appropriate documentation to demonstrate that the IDA had complied with NEPA in its administration of the grant funds.
- Represented Seneca Meadows, Inc. in seeking a mining permit in defeating 18 of 19 issues proposed for adjudication by environmental groups. Successfully handled three-day adjudicatory hearing on PM 2.5 emissions, the one issue that was tried.
- Represented a client as lead environmental counsel regarding Section 106 of the National Historic Preservation Act and its applicability to federal funding from HUD for a low-income elderly project in a historic building in Wilmington, Delaware. Represented client through contentious Section 106 proceeding and creation of a Memorandum of Agreement.
- Represented Cornell University in negotiating renewal and modification of a Clean Water Act discharge permit.
- Serve as lead environmental counsel for environmental compliance, remediation and auditing of manufacturing facilities across the U.S. and as counsel on multiple federal and state Superfund matters.
- Represent a Government of Puerto Rico entity in the context of the assertion of liability against it by the U.S. Environmental Protection Agency for cleanup projects at Superfund properties owned or formerly owned by the client that are contaminated with hazardous waste as a result of the operations of current and former tenants of the client’s.
- Judge dismisses clay mine appeal
Finger Lakes Times | March 13, 2016
Rochester Energy & Environmental associate Amy Reichhart is mentioned as counsel for Seneca Meadows Landfill in this article about the recent appeal decision in favor of her client.
- Green Sale Expands Investor Base, Says N.Y. MTA Official
The Bond Buyer | February 22, 2016
This article on New York's Metropolitan Transportation Authority inaugural green bond issuance notes Nixon Peabody as co-bond counsel.
- Nixon Peabody hires energy partner in New York
Project Finance & Infrastructure Journal | February 9, 2016
The following coverage highlights the arrival of New York City Energy & Environmental partner Ernie Chung.