At Rodenhausen Chale & Polidoro LLP we are deeply committed to both the environment and the economy of the Hudson Valley. Based in the Village of Rhinebeck, we serve clients involved in environmental decisions throughout the Hudson Valley and eastern New York. We represent land trusts, property owners, community groups, developers and government agencies in a variety of environmental law contexts and proceedings. Following are some examples.
Site remediation and cost recovery litigation: If the Department of Environmental Conservation or the Oil Spill Fund has ordered you to clean up contamination on your property or pay for the cost of a state cleanup, our attorneys can represent you.
Brownfield sites: Investors who want to redevelop contaminated property can do so through negotiated brownfield site agreements and receive some assurance that the cleanup liability will be limited. We are experienced in brownfield cleanups.
Permitting and regulatory compliance: Our firm will help you work with the Environmental Protection Agency (EPA), the state Department of Environmental Conservation (DEC) or the New York City Department of Environmental Protection (DEP) to secure environmental permits and ensure compliance with environmental regulations.
State Environmental Quality Review Act (SEQRA): If you are seeking state or local approval for a development permit, you may need to go through an environmental review under New York's SEQRA regulations. We represent developers, property owners, municipalities and community groups in the SEQRA review process, and in challenges to the adequacy of such reviews pursuant to Article 78 of the New York Civil Practice Law and Rules.
Superfund sites: If you have been assessed liability for generating, storing or sending waste to a site that has been designated by EPA or DEC as requiring remediation under the Federal or State Superfund program, we can help you pursue your options.
Conservation easements: Our firm assists land trusts, municipalities and landowners in drafting, negotiating and enforcing conservation easements to protect lands of conservation value in perpetuity.
Wetlands: We successfully defended the right of the Town of New Paltz to regulate its wetlands and vernal pools in the face of a constitutional and SEQRA challenge. This decision established that towns do not have to accurately map each wetland before enacting a wetlands law, nor do they have to forego regulating vernal pools, though they may exist for only two months a year.
Fracking: We successfully defended the right of the Town of Middlefield, in one of the first two decisions in the state, to ban fracking for natural gas in the town through the use of its zoning law.
Local Waterfront Revitalization Plans: The firm assists communities in the preparation, funding and approval by the Department of State of waterfront revitalization plans and coastal rehabilitation projects under Article 54, Title 11, of the Environmental Conservation Law.
Cost Recovery Actions: If you are forced to pay the cost of spill or hazardous waste remediation on a property that was caused by a neighbor or prior owner, we can represent you in your claim against the responsibly party for recovery of cleanup costs and related damages.
Our comprehensive approach to environmental law and the closely related areas of land use and municipal law enables us to effectively identify challenges and pursue innovative solutions to those challenges. Contact us to see if one of our experienced environmental attorneys can assist you.