Cases
Experience: Environmental Review (NEPA
SEQRA)
Related Litigation: Representation of the New York State Metropolitan Transportation Authority (MTA) with regard to environmental review
permitting for a number of major infrastructure improvement projects, including the Long Isl
Railroad Mainline Expansion Project, Penn Station Access Project, Interborough Express Project
the Penn Station Station Expansion
Modernization Projects.
Leading the legal component for the federal
state permitting
related NEPA
SEQRA review for a major semiconductor development project in upstate New York.
Representation of Empire State Development, a New York State economic development agency, with regard to the state environmental impact review for the UBS Arena, the home of the New York Isl
ers at Belmont Park
successful defense of the challenge to the SEQRA review brought by a neighboring municipality.
Representation of the operator of elder care facilities with regard to the environmental review
related litigation pertaining to the construction of a proposed new nursing care facility on the Upper West Side in Manhattan.
Successfully defended a state court challenge to the installation of a subterranean power station for the New York City subway system.
Counsel the Metropolitan Atlanta Rapid Transit Authority (MARTA) on NEPA compliance
permitting for a wide variety of capital projects.
Led a legal team in analyzing the need for supplemental analysis of environmental impacts
justification for use of public funds in connection with the JFK AirTran Project proposed by the Port Authority of New York/New Jersey.
Representation of a number of warehouse developers in connection with the SEQRA review
associated permitting for a warehouse projects in Staten Isl
, New York.
Representation of a coalition in Article 78 proceeding challenging the closure of East Hampton Airport on the grounds of improper SEQRA review.
Representation of the Long Isl
Power Authority
PSEG Long Isl
with regard to the environmental review, litigation
permitting for a variety of electric projects on Long Isl
.
Representation of numerous public
private clients in environmental impact review
related litigation including the defense for proposed big-box development in Port Chester, New York
challenges to the approvals of the Southtown
Octagon Park developments on Roosevelt Isl
the Hudson River Park in Manhattan
the prosecution of Town Board's attempt to block a proposed travel center in Newburgh, New York.
Energy Siting, Environmental Review
Related Permitting: Represents a major renewable energy developer with regard to the siting
related permitting for a number of wind
solar energy projects in New York State.
Represents the joint venture for the Clean Path NY project with regard to the permitting required for a major clean energy transmission project in New York State.
Represents developers with regard to the environmental review
permitting required for a proposed offshore wind generation
transmission projects, including the state reviews required to install transmission from offshore to onshore.
Represents a number of energy storage developers with regard to permitting
environmental review for projects in New York City
New York State.
Representation of the developer of a solar farm on Long Isl
with regard to permitting
environmental impact issues, including endangered species issues.
Representation of applicant seeking renewal of New York State Title V permit, including prosecution of court challenge to permit denial based on inconsistency with New York State climate act.
Representation of the Long Isl
Power Authority with regard to the environmental review
related litigation over the construction of a transmission line between Southampton
Bridgehampton substations, as well as counseling on cooling water intake issues.
Federal
State Permitting
Related Litigation: Representation of utility
public energy authority in connection with litigation over the toxicity of utility poles installed as part of transmission project.
Representation of energy company in challenge to denial of permit authorizing re-powering based on failure to comply with New York's Climate Leadership
Community Protection Act (CLCPA).
Representation of the owner of a Brooklyn waterfront property in connection with the New York State Department of Environmental Conservation wetl
s enforcement action.
Lead counsel in the successful defense of a New Jersey power plant owner with regard to the cooling water intake provisions of its NJPDES discharge permit.
Representation of companies
developers in connection with federal, state,
local permit applications for numerous waterfront development projects, including a proposed cement distribution facility in the Bronx.
Contaminated Properties
Hazardous Materials: Negotiated numerous voluntary
Brownfield Cleanup Agreements with NYSDEC in connection with Brownfield redevelopment projects, including a proposed development in Flushing Queens, affordable housing developments in the Bronx,
various sites in Manhattan
Brooklyn.
Represent major defense contractor in negotiations with New York State Executive Chamber
NYSDEC with regard to judicial consent decree governing cleanup of significant groundwater contamination on Long Isl
.
Obtained New York City authorizations to proceed in connection with 'e-designations'
NYSDEC spill closures in connection with Brownfield redevelopment projects.
Represent the Long Isl
Railroad with regard to pending cost recovery dispute involving remediation of the Newtown Creek Superfund site.
Representation of a Fortune 100 company in defense of a CERCLA cost recovery action brought by the State of New York.
Due Diligence/Transactional: Assisted in numerous due diligence reviews including, most recently, representing a major investment fund in the acquisition of a contaminated property in New Jersey
a warehouse developer in Staten Isl
.
Represented a multinational mass media corporation in the acquisition of a television-station company.
Litigation (Civil
Criminal): Representation of transit agency with regard to dispute over major government infrastructure contract.
Representation of a major utility in defense of a toxic tort
diminution in property value lawsuit pending in New York State Supreme Court.
Served as expert witness in property condemnation valuation proceeding relating to likelihood of obtaining state wetl
s permits.
Representation of a major public utility in connection with the prosecution of a cost recovery matter against an owner of adjacent industrial property
related work before the NYSDEC.
Defended a number of actions alleging diminution of property value
fear of future injury due to groundwater contamination, including action involving the Greenpoint petroleum spill
contamination of the water supply of the Village of Liberty in New York State.
Defended
settled the federal Clean Water Act
Resource Conservation
Recovery Act citizen's suit challenging operation of outdoor trap range
related environmental conditions.
Acted as lead counsel in the preliminary injunction hearing in the U.S. District Court for the Southern District of New York challenging a clean-up remedy determined pursuant to a Voluntary Cleanup Agreement between ground lessee
the NYSDEC.
Representation of a large municipality in a federal state criminal investigation under the Clean Water Act.
Representation of a major company in a federal criminal investigation for knowing violations of the Resource Conservation
Recovery Act.
Election Law
Litigation: Defended the Women's Equality Party in statewide litigation matters challenging its ability to organize as a political party in New York State.
Defended litigation brought against county political committees with regard to party nominations.
Counseled numerous campaigns
political parties with regard to petitioning, ballot access,
New York State campaign finance law.
The above representations were h
led by Mr. Russo prior to his joining Greenberg Traurig, LLP.
Government Experiences: Deputy Commissioner
General Counsel, New York State Department of Environmental Conservation, 2011-2013
Deputy Assistant Chief, Environmental Law Division, New York City Corporation Counsel, 1992-1995
