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Practice Area

Environmental & Energy

Protecting Your Resources.

Our Environmental & Energy team helps clients navigate the increasingly complex intersection of environmental regulation and energy innovation. Whether you’re acquiring or selling property, commenting on a proposal, launching a development project, managing a facility, or investing in renewable energy, we provide strategic legal counsel that aligns your goals with regulatory compliance, environmental stewardship, and energy sustainability.

We represent businesses, municipalities, financial institutions, community groups, and individuals in a broad range of matters—from environmental due diligence and cost recovery actions to the siting and permitting of solar, wind, and other energy projects. Our integrated approach combines deep experience in environmental law, energy regulation, land use, real estate, and municipal matters, preparing clients for both today’s demands and tomorrow’s opportunities.

As a full-service law firm, we collaborate with our colleagues in related areas such as zoning and land use law, municipal law, construction law, corporate & business law, litigation, tax law, real estate, and commercial lending, when needed, to provide comprehensive counsel to our environmental and energy law clients.

With a forward-looking approach and a focus on protecting both resources and outcomes, we help clients address environmental issues early—before they become problems—while transforming environmental responsibility and sound energy practices into long-term success.

Environmental & Energy | Underberg & Kessler practice area
Jacob H. Zoghlin

For more information about Environmental & Energy, contact Jacob H. Zoghlin

Chair of Practice Group

Our services include:

  • Advising on renewable and conventional energy projects, from residential and community projects to large facilities
  • Applying for government permits and approvals
  • Supporting environmental compliance audits and due diligence
  • Serving as State Environmental Quality Review Act (SEQRA) counsel for municipalities, agencies, and boards
  • Guiding developers through the SEQRA process, including obtaining local land-use approvals and resolving siting issues
  • Assisting with interpreting and complying with government regulations
  • Prosecuting/Defendant cost recovery actions, or participating in or leading mediation related to real property contamination
  • Defending parties in state and/or federal environmental enforcement actions, including Superfund actions
  • Defending clients in administrative enforcement proceedings and other environmental litigation
  • Strategic counsel for municipal energy initiatives and sustainability programs
  • Legal support for real estate and business transactions with environmental or energy implications
  • Analyzing, drafting, and amending local zoning, wind, and solar laws, local laws, and other regulatory requirements
  • Advising on utilization of various governmental incentive programs
  • Counseling municipalities or community/neighborhood groups opposing controversial projects

Relevant Experience

  • Represented Towns as special counsel on energy and environmental matters
  • Assisted Town Zoning Boards with the SEQRA process, administrative appeals, litigation, and decisions related to revitalization plans.
  • Represented a Town regarding opposition to the expansion of the landfill projects.
  • Provided legal support to a NYS entity acting as lead agency for major development projects in NY.
  • Defended Towns and Villages in several Article 78 proceedings challenging various municipal zoning decisions.
  • Represented individuals, businesses, and groups with respect to local land use and zoning applications that implicate environmental or energy law issues as part of the municipal approval or environmental review process.
  • Represented a Town regarding adjudicatory permit hearing for sanitary landfill’s application for a solid waste management facility expansion permit.
  • Defended a Town Zoning Board of Appeals in a contested Article 78 proceeding concerning development of waterfront property.
  • Provided legal services to a County Planning Commission in connection with SEQRA/environmental review for a proposed subdivision and redevelopment of a 114.25-acre property.
  • Provided guidance on cost recovery actions for chemical or oil spills, pursuant to Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), the Clean Water Act, and the Clean Air Act.
  • Handled multiple claims for property damage related to municipal conduct, such as damage caused by flooding due to some municipal action or inaction.
  • Negotiated leases, purchase and sale contracts, and environmental responsibility agreements in connection with property and business acquisitions.
  • Provided assistance navigating all stages of SEQRA and challenges to SEQRA review performed by local governments or developers, either as the prosecuting or defending attorneys.
  • Prosecuted and defended Article 78 proceedings, declaratory judgment actions, and hybrid proceedings.
  • Assisted with the preparation of Environmental Impact Statements.
  • Prosecuted claims involving matters of first impression under New York State’s Environmental Rights Amendment.
  • Assisted clients in closure of business units and locations in business divestitures and acquisitions.
  • Represented parties in cell tower placement, approval and pre-emption matters.
  • Assisted financial institutions in evaluating environmental risks associated with loans, work-outs and the negotiation of contractual protections.
  • Represented a variety of private and municipal clients in negotiations with the EPA and DEC regarding liability, cost-sharing and remediation at a number of hazardous waste sites.

Our Environmental & Energy Attorneys

James A. Coniglio

James A. Coniglio

Of Counsel
jconiglio@underbergkessler.com
(585) 258-2856
Jacob H. Zoghlin

Jacob H. Zoghlin

Partner
jzoghlin@underbergkessler.com
(585) 258-2834
Mindy L. Zoghlin

Mindy L. Zoghlin

Senior Counsel
mzoghlin@underbergkessler.com
(585) 258-2871

Environmental & Energy Insights from U&K