Placement and collection of mechanics' liens
Energy & Utilities
Hiscock & Barclay provides comprehensive business counsel to a wide variety of clients in the energy industry. Our clients include integrated electric companies, oil and gas producers, natural gas pipelines, natural gas gathering systems, cogeneration facilities, non-utility power producers, large commercial and industrial users of energy, energy marketers and publicly-owned utilities. Together, we are involved in all aspects of the energy business, including generation, development, production, transmission, gathering, marketing and distribution of all types of energy, including electricity, natural gas, oil, nuclear, coal and renewable sources. While we represent the majority of our clients in the State of New York, we also represent several clients in other states throughout the Northeast, Midwest and Southwest, as well as in Canada.
Our track record with energy regulatory matters in federal, state, local and international jurisdictions is impressive. Our experience includes interaction with the Federal Energy Regulatory Commission, the US Environmental Protection Agency, state energy regulatory commissions as well as state environmental conservation agencies. We have successfully navigated numerous clients through the complex requirements of generation and transmission facilities siting. Providing energy clients with creative solutions for real property tax relief has been another success story, as we have successfully litigated more utility tax cases to conclusion than any other law firm in the State. In addition to our energy and environmental expertise, our energy clients benefit from our state-wide presence and our depth of experience in other practices including energy marketing, mergers and acquisitions, antitrust, construction law, labor and employment, general business law as well as government relations.
The talent in our practice includes the former General Counsel of the New York State Department of Environmental Conservation, the former General Counsel for the New York Power Authority and New York Public Service Commission, the former General Counsel of a New York Energy Utility and the General Manager for the New York assets of a National power generator, as well as former in-house counsels to both natural gas and electric companies. Comprising one of Hiscock & Barclay's largest and most dynamic practice areas, our energy and utility attorneys have become widely recognized as leaders in the energy and utilities area throughout the State of New York.
Environmental
During the past few decades protecting the environment has become a national priority, resulting in the adoption of sweeping federal and state laws, the promulgation of complex regulations as well as the designation of a plethora of agencies to ensure their compliance. Hiscock & Barclay has developed a substantial and sophisticated Environmental Practice Area to counsel clients with regulated business operations and offer practical, cost-effective solutions.
Our environmental clients include Fortune 500 companies, diversified energy companies, petroleum companies, public utilities, national financial institutions, telecommunications companies, pharmaceutical companies, municipalities, real estate companies, a wide variety of commercial businesses, as well as manufacturers of an array of products, including aerospace/defense, paper, steel and aluminum.
Attorneys on this team have broad practical knowledge gained from years in high-level positions at environmental administrative agencies, including the former General Counsel of the New York Department of Environmental Conservation. These lawyers maintain relationships with senior administrative officials, facilitating access to address client concerns. Several attorneys also have advanced professional degrees in engineering and scientific disciplines to supplement their legal training, which often simplifies interactions with clients and regulatory agency technical personnel. Some attorneys have also served in high-level positions in a variety of businesses where they gained first-hand experience in confronting environmental issues. The practice also includes experienced litigators who represent our clients in a broad range of environmental litigation before administrative agencies and state and federal courts. The combined talent of this team has positioned Hiscock & Barclay as one of the leaders in environmental practice in New York.
The environmental issues that our statewide team of attorneys is experienced in addressing include the following:
- Brownfields
- CERCLA/Superfund
- Clean Water Act
- Clean Air Act
- Environmental Impact Review/SEQRA
- Litigation/Enforcement Actions
- Mergers & Acquisitions
- Petroleum & Chemical Storage & Spills
- RCRA/Hazardous Waste
- Regulatory Compliance/Permitting
- Project Siting
- Toxic Tort Defense
- Transactional Due Diligence
Lobbying & Election Law Compliance
Hiscock & Barclay provides comprehensive legal advice and counsel to corporations on all matters associated with lobbying and political activities at the state and federal level. We offer expertise in the area of compliance with lobbying and election laws that is unparalleled in New York State.
The Lobbying & Election Law Compliance Practice Area has been engaged by large and small companies to provide lobbying advice and counsel including assisting in satisfying complex reporting lobbying obligations, interpreting and advising clients on changes in law, seeking clarification from the Lobbying Commission regarding new and existing rules; trouble shooting in areas of compliance and civil/criminal exposure; and formulating overall company strategy in implementing a lobbying plan. We also represent clients during investigations, civil penalty hearings, and criminal referrals resulting from violations of the pertinent lobbying laws.
This practice area also assists clients in maximizing the benefit of their political contribution efforts while ensuring compliance with all applicable state and federal election laws, rules, and regulations. The practice specializes in political fundraising compliance at the state and federal level. In particular, our areas of expertise include: requirements for corporations and their employees; political action committee ("PAC") activities including formation, strategy, and compliance; political contributions by corporations; and the ethical guidelines and prohibitions governing public officials and government employees.
Municipal & Land Use
Hiscock & Barclay counsels public and private clients in all aspects of the land use development process, including planning, acquisition, ownership, management, and disposition of real property. We assist commercial and industrial clients in securing necessary zoning and planning approvals, resolving disputes and defending against enforcement actions brought before all manner of local, state and federal boards and agencies.
Our zoning and planning expertise on behalf of our clients extends to site plan approvals, special use permits, variance relief and subdivision approvals, plus administrative and quasi-judicial proceedings involving municipal bodies and zoning and planning boards. We also routinely deal with matters closely related to land use, such as State Environmental Quality Review Act (SEQRA) compliance, historic district conformance, endangered species issues, water and sewer services, floodplain and stormwater management, State Pollutant Discharge Elimination System (SPDES) permits, solid waste disposal regulation and remediation of property or resource contamination. We offer land use and zoning counsel to clients ranging from residential developers to commercial chain retailers to nuclear power generators.
Our Municipal & Land Use Practice Area attorneys also serve as special counsel to municipalities across New York State, who rely upon them to draft, enforce or ensure boards' compliance with applicable land use laws and regulations. We are often asked to develop or modify proposed ordinances, local laws, zoning codes, comprehensive planning documents for municipal action, and we also have substantial experience in defending municipalities in "Article 78" special proceedings challenging the determinations of their public boards and officers.
Because of our close ties to other related H&B practice areas such as real property, environmental regulation and business law, Municipal & Land Use Practice Area attorneys frequently consult or, as necessary, team with attorneys in those other disciplines to offer efficient and cost-effective legal services tailored to the specific needs of the client and the matter.
Regulatory
Our regulatory attorneys have experience in, among other areas, representing clients in rate, complaint and certificate proceedings and in proceedings for the recovery of stranded costs. In addition, practice attorneys have actively participated in the PSC's proceedings involving the restructuring of the natural gas and electric power industries in New York State and in other jurisdictions. They have also represented clients on similar rate and restructuring issues before the FERC, including those related to the formation and implementation of the standards of the Gas Industry Standards Board (GISB), as well as current efforts to transform GISB into a standards setting organization for both the electric and the natural gas industries. The former General Counsel and first Chairman of the GISB Executive Committee is a member of the firm. Practice attorneys are also currently involved in on-going proceedings before the FERC concerning the structure and performance of NYISO and the restructuring and/or merger of the NYISO with the PJM Interconnection and the New England ISO to comply with the FERC's requirements for Regional Transmission Organizations.
Our participation in formal administrative proceedings before the PSC, the FERC and in the NYISO's governance process, is complemented by the active participation of practice attorneys in a wide variety of commercial transactions where an understanding of the policies and requirements of theses regulatory authorities is essential. These matters include the negotiation of discounted rate service agreements between utilities and their retail customers and the negotiation and renegotiations of interconnection agreements, gas purchase sales and transportation agreements, transmission service agreements and power purchase and sales agreements.
Telecommunications
Hiscock & Barclay attorneys have significant experience in successfully representing clients in the telecommunications industry, including cellular and personal communications services (PCS) providers, fixed wireless communications carriers, Internet companies, resellers of long distance air time, telecommunications equipment and manufacturing companies, and voice and data switching companies. Attorneys in our Telecommunications Practice Area are intimately familiar with federal, New York State and local laws and regulations that govern every element of the construction and expansion of telecommunications facilities, as well as the rapidly evolving case law across the country. The practice concentrates primarily on lease and purchase negotiations, environmental review, land use approvals, zoning and permitting, and general corporate, real property and litigation matters. Our statewide platform is positioned perfectly to serve and support the future growth of the telecommunications industry.
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