Energy, Environment & Sustainability
Sections
overview
Industry Support
Industry Involvement
representative matters
Relevant Practices
team
insights
contact us
overview
Industry Support
Industry Involvement
representative matters
Relevant Practices
team
insights
contact us
Overview
Land, energy, and environmental issues shape how communities grow, how businesses operate, and how natural resources are protected for future generations. From renewable energy development to land conservation, these matters are governed by detailed and evolving regulatory frameworks that affect how property can be used, what approvals are required, and how environmental impacts are addressed. Rupp Pfalzgraf helps clients navigate this landscape, providing guidance across environmental compliance, land use and zoning, project development, and conservation-related matters.
We represent a broad range of clients across New York State, including developers, municipalities, businesses, landowners, land trusts, and community groups. Our attorneys have deep experience with the laws and regulatory processes that define this industry, including SEQRA, NEPA, CERCLA, the Clean Water Act, and the New York Navigation Law. We regularly work with agencies such as the New York State Department of Environmental Conservation (NYSDEC) and the United States Environmental Protection Agency (EPA), helping clients secure permits and approvals, navigate land use and zoning processes, respond to agency actions, and manage ongoing compliance obligations. When disputes arise, we represent clients in state and federal litigation, including Article 78 proceedings involving land use, environmental, and administrative decisions, whether challenging or defending agency determinations.
Environmental issues tied to property and operations often carry significant legal and financial consequences. We represent clients in matters involving contamination, regulatory enforcement, inspections, and alleged violations, and guide them through consent orders and remediation obligations. Our experience extends to the New York State Brownfield Cleanup Program, where we assist clients in coordinating with regulatory agencies and securing approvals and tax credits, helping transform contaminated sites into projects that can revitalize communities.
We also advise clients on energy-related matters, including renewable energy development and the regulatory processes that govern project siting, permitting, and environmental review. These projects often involve overlapping legal requirements and heightened public scrutiny, requiring careful coordination of land use, environmental, and regulatory considerations.
Conservation and long-term stewardship of natural resources are equally central to this industry. Our Conservation & Environmental Planning attorneys represent landowners, land trusts, and nonprofit organizations in protecting open space, farmland, wetlands, and other environmentally significant properties across New York State. Our work includes conservation easement drafting and enforcement, land use advocacy, SEQRA litigation, and Article 78 proceedings, as well as representation in high-profile matters before state agencies and the New York Court of Appeals.
How We Support the Energy, Environment & Sustainability Industry
- Representation of clients in matters involving CERCLA, RCRA, TSCA, and the Clean Water Act
- Compliance counseling under federal and New York environmental regulations
- Environmental enforcement defense and resolution of NYSDEC and EPA actions
- Petroleum spill response and liability under the New York Navigation Law
- Environmental permitting and regulatory review processes
- SEQRA and NEPA compliance and litigation
- Environmental due diligence in real estate transactions and financing
- Remediation planning and coordination for contaminated properties
- Representation in environmental damage and cost recovery litigation
- Advising corporate officers and organizations on environmental liability exposure
- Wetlands regulation and compliance, including SPDES permitting
- Extensive experience in brownfield redevelopment, including coordination with NYSDEC and other government agencies to obtain necessary approvals and tax credits.
- Represent clients in Article 78 proceedings challenging adverse land use, zoning, and environmental determinations
- Comprehensive counsel for renewable energy projects, including application and permit review process and proactive risk assessment, with a focus on environmental stewardship.
- Represent land trusts, nonprofits, and private landowners in structuring, facilitating, and enforcing conservation easements
- Represent land trusts, landowners, and community groups in litigation involving real property disputes and environmental impacts affecting protected lands
- Assist clients with environmental due diligence, title review, commercial leasing, real estate closings, and contractual matters affecting environmentally sensitive properties
Industry Involvement
- Members of the Erie County Bar Association Environmental Law Committee
- Two attorneys named to the 2025 Upstate NY Super Lawyers list for their work in Environmental Law
- Members of the Environmental Law Section of the New York State Bar Association, with one attorney serving on the Environmental Law Committee
- Attorneys John Barone and Phillip Oswald attended and presented at the 2024 National Land Trust Alliance Rally in Providence, RI. They spoke on the topic of conservation easement enforcement and litigation
- Sponsor and attend the New York State Land Trust Alliance Annual Conference, a leading conference in the land trust community
- One attorney is a member of the New York State Bar Association Real Property Law Section Committee for Legislation, Land Use and Environmental, and Title and Transfer
- Members of the Land Trust Alliance, with our firm regularly sponsoring LTA events
- Richard Webster, Of Counsel, serves as a member of New York’s Decommissioning Oversight Board, overseeing the decommissioning of Indian Point
- Helene Goldberger, Of Counsel, is a founding member of the Albany County Land Conservancy
Representative Matters
- Negotiated favorable settlements with the United States Department of Justice releasing multiple commercial clients from a federal action seeking over $90 million in damages
- Resolved environmental enforcement actions brought by the NYSDEC against commercial entities for alleged regulatory violations
- Represented property owners in resolving environmental issues identified during real estate acquisitions and refinancing transactions
- Represented clients in litigation and regulatory matters arising from petroleum spills and contamination events across New York State
- Successfully represented industry stakeholders before the New York Court of Appeals in Matter of Wallach v. Town of Dryden, defending municipal zoning authority regarding hydraulic fracturing.
- Represented regional wine and restaurant industries in a successful administrative challenge before the New York State Department of Environmental Conservation, opposing the proposed Finger Lakes LPG storage facility near Seneca Lake.
- Secured a preliminary injunction on behalf of the Thousand Islands Land Trust in 2024, limiting development of campground projects on Carlton Island and preserving the island’s natural landscape.
- Represented residents living near an industrial aggregate and incineration facility in environmental litigation alleging harmful airborne emissions, seeking injunctive relief, environmental monitoring, and damages for property and health impacts affecting thousands of community members within the surrounding area.
- Led the Environmental Impact Statement and Entitlement Process for the development of the Buffalo Niagara Medical Campus, including the Gates Vascular Institute, Women and Children’s Hospital, Conventus Medical Office Building, HighPointe on Michigan Healthcare Facility, and two car parking garages servicing the campus.
Relevant Practices
Environmental Planning & Sustainability
Project Development, Land Use & Energy
Construction Law
Real Estate
AI Law, Compliance & Emerging Technology
Team
Barone-J

John
Barone
Partner
Albany, NY
Burge-B

Benjamin
Burge
Partner
Buffalo, NY
Cantil-J

Jonathan
Cantil
Partner
Buffalo, NY
Cook-CJ

CJ
Cook
Partner
Buffalo, NY
Bozeman, MT
Demarest-W

William
Demarest III
Partner
Albany, NY
Goldberger-H

Helene
Goldberger
Partner
Buffalo, NY
Kernochan-G

George E.
Kernochan III
Associate
Saratoga Springs, NY
Kolaga-J

John
Kolaga
Partner
Buffalo, NY
