SEQRA/NEPA

Gilberti Stinziano Heintz & Smith, P.C. serves as environmental counsel to entities requiring compliance counseling, including compliance with the State Environmental Quality Review Act (SEQRA) and the National Environmental Policy Act (NEPA), government permits and approvals, site and/or business acquisition due diligence and the evaluation of project alternatives, site investigation and cleanup, the defense of government initiated enforcement actions, and the prosecution or defense of environmental cost recovery actions.

We provide legal advice to private developers and governmental agencies on the requirements of the National Environmental Policy Act (NEPA), the State Environmental Quality Review Act (SEQRA), and applicable in New York City, the City Environmental Quality Review (CEQR) and Uniform Land Use Review Procedure (ULURP).  Gilberti Stinziano Heintz & Smith, P.C. assists in setting the scope for the technical work; selecting and managing environmental consultants; and preparing scoping documents and environmental impact assessments and statements. 

Among our credits is a ground breaking case on the "Grandfather Clause" of SEQRA which exempts certain activities from the State's environmental review and impact statement requirements.  We are also involved on a regular basis in preparing and reviewing environmental impact statements and in litigation seeking either to challenge or defend the SEQRA process in particular transactions. 

Gilberti Stinziano Heintz & Smith, P.C. serves as special environmental counsel to a number of counties in New York State in multiple federal litigations regarding the regulation of federal and state-permitted wastewater discharges, the recovery of natural resource damages and the cleanup of a federal Superfund site, as well as the siting and construction of federally maintained sewer system upgrades.

Over the past decade, there has been a trend towards the redevelopment of older industrial sites rather than the development of newer facilities.  Due to various cost and regulatory factors, this trend is likely to continue. Therefore it is vital that industrial developers, industrial development agencies, municipalities and land owners have the knowledgeable and experienced counsel in environmental permitting, remediation and risk management issues that Gilberti Stinziano Heintz & Smith, P.C. provides.

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