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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I am starting to prepare course materials for a course entitled “Environmental Law for Non-Environmental Lawyers.” The purpose of the course would be to dispel many of the misconceptions that people have about environmental issues. As a starting point, here are 5 easy ways to tell that the person talking about the environmental issue has no clue: 1. “There are no hazardous substances in the building.” This statement is almost always false. The ink in…
I am starting to prepare course materials for a course entitled “Environmental Law for Non-Environmental Lawyers.” The purpose of the course would be to dispel many of the misconceptions that people have about environmental issues. As a starting point, here are 5 easy ways to tell that the person talking about the environmental issue has no clue: 1. “There are no hazardous substances in the building.” This statement is almost always false. The ink in…
The federal Freedom of Information Act (5 USC 553 et. seq.) and New York’s Freedom of Information Law (Public Officers Law section 87) require government agencies to provide records to the public upon request. There are exemptions, but the basic policy is that government records should be open to the public. A recent decision by the federal district court for the District of Columbia addresses the scope of the Environmental Protection Agency’s ability to prevent…
The federal Freedom of Information Act (5 USC 553 et. seq.) and New York’s Freedom of Information Law (Public Officers Law section 87) require government agencies to provide records to the public upon request. There are exemptions, but the basic policy is that government records should be open to the public. A recent decision by the federal district court for the District of Columbia addresses the scope of the Environmental Protection Agency’s ability to prevent…
In Lijam, LLC v General Electric Company, 2019 WL 1011021 (March 2019), neighbors of a contaminated site sued under the Resource Conservation and Recovery Act (RCRA), claiming the site “may present an imminent and substantial danger to health or the environment.”  The neighbors won on summary judgement, with the court concluding that General Electric was liable under RCRA.  The court then denied the neighbors’ request for an injunction requiring remediation and the neighbors appealed.   The…
In Lijam, LLC v General Electric Company, 2019 WL 1011021 (March 2019), neighbors of a contaminated site sued under the Resource Conservation and Recovery Act (RCRA), claiming the site “may present an imminent and substantial danger to health or the environment.”  The neighbors won on summary judgement, with the court concluding that General Electric was liable under RCRA.  The court then denied the neighbors’ request for an injunction requiring remediation and the neighbors appealed.   The…
A major part of practicing environmental law is the ability to advise based on an assessment of how an agency is likely to behave.  The rules and regulations are often not as clear as a regulated party would like. Interpreting the rules and regulations, or using how they have been interpreted in other contexts to determine a recommended course of action, can be difficult.  I had a recent reminder, however, that it can also sometimes…
A major part of practicing environmental law is the ability to advise based on an assessment of how an agency is likely to behave.  The rules and regulations are often not as clear as a regulated party would like. Interpreting the rules and regulations, or using how they have been interpreted in other contexts to determine a recommended course of action, can be difficult.  I had a recent reminder, however, that it can also sometimes…
In Weyerhaeuser v U.S Fish and Wildlife Service, 2018 WL 6174253 (November 27, 2018) the Supreme Court addressed the tension between the presumption that agency decisions are subject to judicial review and the exclusion from review for actions that are given over to the discretion of an agency.  At issue was the agency’s designation of certain land as “critical habitat” for the dusky gopher frog.  The statute at issue said the agency “may . .…
In Weyerhaeuser v U.S Fish and Wildlife Service, 2018 WL 6174253 (November 27, 2018) the Supreme Court addressed the tension between the presumption that agency decisions are subject to judicial review and the exclusion from review for actions that are given over to the discretion of an agency.  At issue was the agency’s designation of certain land as “critical habitat” for the dusky gopher frog.  The statute at issue said the agency “may . .…