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Frank V. Bifera: Lawyer with Hiscock & Barclay, LLP

Frank V. Bifera

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Mr. Bifera worked for the New York State Department of Environmental Conservation (DEC) in numerous official capacities and brings to the firm a wealth of experience in resolving legal and technical issues associated with state and federal energy, environmental, regulatory and compliance programs. As DEC’s former General Counsel he worked with the Commissioner and executive staff to develop and implement major state energy and environmental regulatory policies. He directed more than 100 attorneys as they provided legal support to DEC’s regulatory programs throughout the state. He assessed and determined DEC’s legal positions in major litigation involving significant policy issues regarding CERCLA, RCRA, CAA, CWA, ECL, and the NL. He also coordinated DEC’s role in litigation involving significant energy issues, including Article 78 challenges relating to Public Service Law Article X proceedings. He has also worked closely with DEC’s scientific and engineering staff in project reviews. He routinely interacted with the New York State Departments of Public Service, Health, Transportation, State, Corrections, Taxation & Finance and Economic Development; Office of Parks, Recreation & Historical Preservation; Office of General Services; Adirondack Park Agency; New York Power Authority; New York State Energy Research & Development Authority; and the New York State Thruway Authority, among others. Since joining Hiscock & Barclay, Mr. Bifera has been actively engaged in representing a diverse group of Fortune 500 companies on a variety of project development, siting, permitting and regulatory compliance matters.
Partner
Albany,  NY  U.S.A.
Phone518-429-4224

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Practice Areas

  • Environmental Law
  • Utility Law
  • Energy
 
University State University of New York at Albany, B.A., cum laude, 1970
 
Law SchoolAlbany Law School, J.D., 1975
 
Admitted1976, New York; U.S. District Court, Northern District of New York; U.S. Supreme Court
 
Memberships Albany County and New York State (Member, Environmental Law Section) Bar Associations.
 
Born1945
 
Biography

Speaker: "Current Issues in Storm Water Regulation," Lorman Seminar, October 2005; "Basic Environmental Law Practice," New York State Bar Association, 2003; "State Regulatory Developments," American Law Institute, American Bar Association, 1999; "Protecting Public Health and the Environment," U.S. Environmental Protection Agency, 1999; "State Environmental Regulatory Programs," Fordham University, 1997. Former Deputy Commissioner and General Counsel, New York State Department of Environmental Conservation, 1997-2001. Board of Directors, New York State Energy Research and Development Authority. Member: Environmental Energy and Government Affairs Committees, Business Council of New York State; Independent Power Producers of New York.

 
Reported CasesAs DEC's General Counsel, issued a Declaratory Ruling to the New York Independent System Operator allowing major electricity generators to reach maximum capability when necessary to meet demands for power; Helped DEC promulgate regulations expanding the opportunities for small emergency generating units to operate when power interruptions are imminent; Participated in the New York Power Authority's program to site 10 simple-cycle natural gas powered generating plants in New York City; Worked closely with Department of Public Service (DPS) to develop and manage a unified siting and permitting process for electric generating applicants seeking state and federal permits in conjunction with a Certificate under Article X of the Public Service Law; Helped senior management resolve Article X siting process issues, including the coordination of the DEC permit completeness review with the DPS Article X application compliance determination; Resolved issues relating to CERCLA, RCRA, CAA, CWA, ECL, NL and other state and federal statutes; Resolved significant regulatory issues with the U.S. Army Corps of Engineers, the Federal Energy Regulatory Commission, the U.S. Department of Justice and other federal agencies and authorities; Helped initiate amendments to EPA enforcement policies which led to EPA's issuance of its High Priority Violators Policy; Negotiated administrative and judicial settlements at multi-party Superfund sites and settled enforcement cases with penalties exceeding $1 million; The representation of corporate clients at the administrative level, on water and air permitting issues, including SEQRA compliance; The prosecution and defense of CPLR Article 78 litigation pertaining to SEQRA, Water Supply Permits, SPDES Permits, Air Permits and other state and local governmental approvals.
 
ISLN909031570
 


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Office Information

Frank V. Bifera
Hiscock & Barclay, LLP
80 State Street
Albany, NY 12207-2830




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