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Environmental



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 approach

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
  • Manufacturers
  • Energy companies
  • Financial institutions
  • Municipalities
  • Hospitals and medical centers
  • Universities
  • Electric, gas and water utilities
  • Nonprofits
  • Individuals
  • Developers
  • Technology companies
  • Waste management companies

Recent experience

  • 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.

Undefining ‘WOTUS’

Water Environment & Technology | November 26, 2019

This article features analysis by Rochester senior environmental health engineer Libby Ford on a proposed replacement rule that would restrict the federal government’s jurisdiction over waterways under the Clean Water Act.

How new state laws will affect power plant closure costs

Law360 | June 05, 2019

Affordable Housing and Real Estate partner Bruce Baker and Senior Environmental Health Engineer Libby Ford, both of the Rochester office, co-wrote this contributed article on how state legislatures are addressing the future of decommissioned, coal-fired power plants.

High court decision on review expands landowners' options

Law360 | November 26, 2018

San Francisco Energy and Environmental partner Alison Torbitt is quoted in this article analyzing the Supreme Court’s decision to return to the Fifth Circuit a key case concerning federal agency authority and landowners’ rights in determinations about land protection.

How should discharges to groundwater be regulated?

Rochester Business Journal | November 22, 2018

Rochester Corporate partner Jeremy Wolk wrote this contributed column on recent cases involving the Clean Water Act and discharges to groundwater, drawing from an alert by San Francisco partner Alison Torbitt, Albany associate Dana Stanton and senior environmental health engineer Libby Ford, all of the Affordable Housing & Real Estate group.

How should discharges to groundwater be regulated?

Rochester Business Journal | November 22, 2018

Rochester Corporate partner Jeremy Wolk wrote this contributed column on recent cases involving the Clean Water Act and discharges to groundwater, drawing from an alert by San Francisco partner Alison Torbitt, Albany associate Dana Stanton and senior environmental health engineer Libby Ford, all of the Affordable Housing & Real Estate group.

How a DC law firm installed solar panels to help low-income people save on utilities

Washington Post | May 10, 2018

Nixon Peabody’s pro bono solar panel project is featured in this article.  Washington DC tax credit finance and syndication partner Jeff Lesk and senior counsel Herb Stevens are quoted throughout this feature which highlights how this first-of-its-kind project benefits low-income residents in the DC community.

Nixon Peabody seeks to benefit the poor with its solar panels

ABA Journal | May 10, 2018

Washington DC partner Jeff Lesk and senior counsel Herb Stevens are mentioned in this article about the NP Solar program, which uses solar panels placed atop DC-area buildings to produce electricity and cost savings for low-income residents.

DC law firm uses its own panels to cut others' power bills

Energy & Environmental News | May 10, 2018

Nixon Peabody’s pro bono solar panel project is featured in this trade publication for energy and environment professionals. Washington, DC tax credit finance and syndication senior counsel Herb Stevens is quoted and partner Jeff Lesk is mentioned.

Law360 names attorneys who moved up the firm ranks in Q1

Law360 | May 06, 2018

In this roundup of promotions to partner and firm management positions, 14 attorneys from Nixon Peabody are highlighted. The 11 attorneys promoted to partner are Ellie Altshuler, Mark Beaudoin, Erik Birkeneder, Hannah Bornstein, Chris Browning, Barry Carrigan, Keri McWilliams, Matt Mullen, Steven Richard, Charles Tamuleviz and Alison Torbitt. In addition, Kenneth C. Lind was promoted to leader of the firms’ public finance practice group, Justin Thompson was promoted to office managing partner in LA, and Aaron Yowell was promoted to chief innovation officer.

Time to express interest in federal water infrastructure loans

Law360 | April 28, 2018

San Francisco energy and environmental partner Alison Torbitt, New York City project finance partner Scott Singer and Rochester senior environmental health engineer Libby Ford co-wrote this article outlining an EPA loan program for new water infrastructure projects.

Montana Highlights

Big Sky Business Journal | April 08, 2018

Nixon Peabody is mentioned in this roundup of major Montana business news for its representation of Eagle Bancorp Montana, Inc., in its acquisition of Ruby Valley Bank in Twin Bridges, Montana. Nixon Peabody’s deal team was led by Public Company Transactions partner Lloyd Spencer and senior counsel Ray Gustini and included Public Company Transactions partner Sean Clancy, Real Estate partner Colette Dafoe, Energy & Environmental Group partner Jean McCreary, and Labor & Employment partners Jeff Gilbreth, Yelena Gray and Tom McCord.

Waterfront Developers Prepare for a Sea Change

The Boston Globe | February 10, 2018

Responding to sustainability surveys A primer for suppliers

Supply Chain Management Review | November 13, 2017

Albany energy and environmental associate Dana Stanton authored this overview of sustainability surveys that many companies send to suppliers to gauge their environmental efforts and performance.

Focusing on climate resiliency and adaptation in Mass

Law360 | September 26, 2017

Boston office managing partner and energy and environmental partner Ruth Silman authored this article about Massachusetts’ plans and strategies for addressing climate change.

New York 'environmental rights' bill sparks industry fears

Inside EPA | September 14, 2017

This article about the pending New York legislation that would expand residents’ environmental rights quotes a recent Nixon Peabody blog post titled “What’s Trending: New York possible constitutional right to clean air and water,” authored by Albany Energy & Environmental partner Ruth Leistensnider and Rochester Energy & Environmental group professional specialist Libby Ford.

Medicare facilities and Legionella: The requirements have extended beyond cooling towers

Bloomberg Law | July 13, 2017

Rochester energy and environmental partner Jean McCreary, professional specialist Libby Ford, and Albany health care partner Peter Millock authored this article about the memo sent to all State Survey Agency Directors from the Center for Medicare & Medicaid Services regarding a new requirement for certified health facilities to assess and address Legionella-related risks in their water systems.

DC Circ. Panel Backs NY In Suit Over Pipeline Permit Delay

Law360 | June 22, 2017

In this article about Millennium Pipeline Co.'s suit against New York environmental regulators, Washington, D.C. energy and environment partner Elizabeth Whittle is mentioned for representing CPV Valley Inc., a company that is building an energy facility that would receive natural gas from Millennium’s pipeline.

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Contacts

Ruth H. Silman

Partner

rsilman@nixonpeabody.com

Phone: 617-345-6062

Amy L. Reichhart

Counsel

areichhart@nixonpeabody.com

Phone: 585-263-1322

Alison B. Torbitt

Partner
Co-leader, Food, Beverage & Agribusiness

atorbitt@nixonpeabody.com

Phone: 415-984-5008

Bryan C. LeRoy

Partner
Co-Leader, Environment and Land Use Team

bleroy@nixonpeabody.com

Phone: 213-629-6118

View All Contacts
  • U.S. News/Best Lawyers “Best Law Firms” 2020 ranked as National Tier One in: Appellate Practice, Commercial Litigation, Corporate Law, Employment Law—Management, Energy Law, Franchise Law, Health Care Law, Labor Law—Management, Litigation—Construction, Litigation—Labor & Employment, Litigation—Real Estate, Mass Tort Litigation/Class Actions—Defendants, Patent Law, Public Finance Law, Real Estate Law, Securities Regulation, Tax Law
  • In addition, many Nixon Peabody practices received U.S. News/Best Lawyers Tier 1 rankings at the regional level in the following geographies: Albany, NY; Boston; Buffalo; Chicago; Long Island; Los Angeles; Manchester, NH; New York City; Providence, RI; Rochester, NY; San Francisco; and Washington, DC.
  • Three attorneys recognized as “Lawyer of the Year” for Environmental Law by Best Lawyers
  • Recognized by Chambers USA: America’s Leading Lawyers for Business in New York and Massachusetts for Environmental Law
  • Additionally, several members have been ranked by Best Lawyers or Super Lawyers.
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