Forchelli Deegan Terrana LLP

The Firm represents a broad range of clients, including national, regional and local businesses, public, private and family-owned companies, major real estate developers, property owners and operators, contractors, banks, municipalities, educational institutions, not-for-profits, foundations, and individuals. Personal attention and quality representation that is both practical and cost-effective are hallmarks of the Firm.

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In Cedar Point Nursery v. Hassid (decided June 23, 2021) the Supreme Court decided that a regulation that required agricultural employers to allow union representatives to access their property for up to 3 hours per day for 120 days per
Continue Reading The Government Can Regulate Use of Property, but Cannot Take Property Without Paying: Supreme Court Addresses the Line Between Regulating and Taking

For an organization to sue to redress a perceived wrong, the organization must demonstrate that it has standing to sue, meaning that it is the proper party to bring the claim.   One of the key requirements of standing is that
Continue Reading Standing to Sue: Can Environmental Organizations Create Standing to Sue – PETA v State Zoological Park

Two recent Appellate Division decisions addressed segmentation claims and concluded that there cannot be segmentation unless there is a plan. Under SEQRA (the State Environmental Quality Review Act), it is illegal to take a project that may have significant impacts
Continue Reading Two Recent Appellate Division Decisions Reject Segmentation Arguments: It Cannot be Segmentation Unless There is a Plan

It is not unusual for a developing rule or other agency action to be something of a moving target, with an agency responding to comments in a way that leaves some in the regulated community complaining that they did not
Continue Reading Chesapeake Action Network v EPA: Court Tells EPA to Reconsider Rule Because Petitioners Did Not Have a Fair Opportunity to Comment

The recent decision by the 11th Circuit Court of Appeals in Center for Biological Diversity v US Army Corps of Engineers, 2019 WL 5690619 (Nov. 4, 2019) concluded that impacts of an action that are “at most, tenuously caused” are
Continue Reading Environmental Impact Statements: Which Effects of an Action are Impacts that must be Considered?

The recent decision by the 11th Circuit Court of Appeals in Center for Biological Diversity v US Army Corps of Engineers, 2019 WL 5690619 (Nov. 4, 2019) concluded that impacts of an action that are “at most, tenuously caused” are
Continue Reading Environmental Impact Statements: Which Effects of an Action are Impacts that must be Considered?