John L. Barone

Partner

Albany

Phone:  518.432.4100 x450

Fax: 716.332.0336

Practice Areas

Environmental Planning and Sustainability - Practice Area Leader

Environmental - Practice Area Leader

Business Law

Business Litigation

Land Conservation

Project Development, Land Use & Energy

Real Estate

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about me

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credentials & achievements

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professional Focus

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About Me

After over 20 years of practicing law, joining Rupp Pfalzgraf provided John an opportunity to enhance the services that he offers to his clients. The legal world that he operates in continuously presents opportunities to lawyers and clients alike, and it is his job to capture those moments.

Before moving to Albany, John practiced in New York City having had the opportunity to work on a variety of novel environmental litigation matters. In the first of multiple actions that he conducted in relation to surface mining operations, Moore v. Gottlieb, 848 N.Y.S.2d 328 (2nd Dept. 2007), he successfully represented landowners against a mining company, addressing landslides and runoff originating from the mine. Around the same time, he provided pro bono legal guidance to the Theodore Gordon Flyfishers, Inc. regarding the administrative action Matter of Crossroads Ventures, LLC, which resulted in the protection of more than 1,200 acres of land (including stream and forest habitat as Catskill Mountain Forest Preserve).

In 2011, a different opportunity unfolded when John founded the law firm Tooher & Barone, LLP. For over twelve years the firm handled matters across the state, maintaining a tradition of counseling a select group of clients with their environmental law and regulatory compliance needs. During those years more opportunities arose for his clients, and John went along for the ride. In the Court of Appeals ruling of Matter of Wallach v Town of Dryden, 23 NY3d 728 (2014), he successfully argued on behalf of various prominent businesses (amicus party) for the home rule land use and zoning rights of Towns prohibiting hydraulic fracturing activities in New York. In a separate administrative appeal before the NYSDEC Commissioner, Matter of Finger Lakes LPG Storage, LLC (2018), he successfully represented the wine and restaurant industries citing community character concerns for the denial of an LPG storage facility proposed for Seneca Lake. These precedent setting cases were incredible wins for clients who worked endlessly to preserve the interests that were most important to them.

At Rupp Pfalzgraf, John continues to concentrate on environmental, real estate, contracts, municipal and administrative law; in the form of both litigation and transactional affairs.

John also remains engaged as an active conservationist. He has served on multiple nonprofit boards and authored various articles related to environmental and real property issues, his most recent piece being the "Rise of Ghosts: The Fight to save the East's Coastal Forests" (published in 2022 by MeatEater, Inc.), concerning climate change.

Credentials & Achievements

Education:

Brooklyn Law School, J.D.

Binghamton University, B.A.

Admissions:

New York

United States District Court for the Northern District of New York

United States District Court for the Southern District of New York

United States District Court for the Eastern District of New York

Professional Focus

Capabilities:

John represents:
  • Individuals (including landowners),
  • Private entities and businesses,
  • Nonprofits (including land trusts),
  • Municipalities, and
  • Local, state and national environmental and community organizations.
John represents these clients with regard to both litigation as well as transactional matters in the areas of law as follows:
  • All aspects of environmental law and regulation,
  • Real estate,
  • Land conservation,
  • Land use and planning,
  • Contracts,
  • Municipal law, and
  • Administrative law, and; with respect to.

Industries Served:

  • Energy, Environment & Sustainability
  • Real Estate
  • Agriculture & Food
  • Insurance

Affiliations

  • New York Bar Association

  • NY Chapter of Backcountry Hunters & Anglers, Board Member

  • Saratoga PLAN, Past Board Member

  • The Catskill Fly Fishing Center & Museum, Advisor & Past Board of Trustees Member

  • Theodore Gordon Flyfishers, Past Vice-President of Conservation and Board Member

Significant Matters

  • Court of Appeals ruling of Matter of Wallach v Town of Dryden, 23 NY3d 728 (2014), John successfully represented various prominent businesses (amicus party) in preserving the home rule land use and zoning rights of Towns prohibiting hydraulic fracturing activities in New York.
  • Moore v. Gottlieb, 848 N.Y.S.2d 328 (2nd Dept. 2007), John successfully represented landowners against a mining company, addressing landslides and runoff originating from the mine.
  • Administrative appeal before the NYSDEC Commissioner, Matter of Finger Lakes LPG Storage, LLC (2018), John successfully represented the wine and restaurant industries citing community character concerns for the denial of an LPG storage facility proposed for Seneca Lake. 
  • John provided pro bono legal guidance to the Theodore Gordon Flyfishers, Inc. regarding the administrative action Matter of Crossroads Ventures, LLC, which resulted in the protection of more than 1,200 acres of land (including stream and forest habitat as Catskill Mountain Forest Preserve) in 2007.