Inherent in the development of infrastructure projects are regulatory, permitting, and project opposition risks that, if not properly managed and addressed, can be fatal to project success. This is especially true with controversial projects, such as oil and natural gas pipelines, power plants, major highways, large transportation facilities, and mines, where these risks are especially magnified.
Our team has extensive experience with regulatory compliance, permitting and environmental reviews of all types of infrastructure projects, where we advise on all aspects of environmental resources and issues, including wetlands, wastewater discharges, air emissions, protected species and habitat, contaminated properties, and historic and cultural resources.
We regularly assist our clients in navigating and securing the permits and approvals that are critical for a project to succeed under federal, state, and local environmental laws, including, the National Environmental Policy Act (NEPA), the New York State Environmental Quality Review Act (SEQRA), the Clean Water Act, New York’s Protection of Waters and Freshwater Wetlands laws, the Endangered Species Act, and the National Historic Preservation Act. We also have extensive experience advising on required local approvals, as our team includes lawyers that have served as town attorneys, and that currently represent cities, towns, and counties.
We help our clients develop and advance controversial projects by positioning these projects to succeed by navigating the ever-present myriad regulatory, political, and public outreach aspects and requirements of project development. Given the unique challenges of these types of projects, we are often required to: supplement and support our regulatory efforts with direct advocacy to government decision-makers and elected officials; assemble and team with media relations specialists, public opinion polling organizations, grassroots consultants and other outside experts; and identify and mobilize community and organizational support for our efforts.
Additionally, we have experience analyzing the potential for disproportionate and adverse human health or environmental effects of projects on minority and low-income populations in the United States under Executive Order 12898 and the Council on Environmental Quality’s (CEQ) regulations. We advise our clients concerning appropriate measures to address and mitigate such impacts to ensure these projects can proceed and that impacts to such minority and low-income populations are appropriately considered.