Tom - Barclay Damon
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1 Tom Paul Education • Vermont Law School, Summa Cum Laude, JD • Yale University, MEM • State University of New York College of Environmental Science and Forestry, BS, Summa Cum Laude Practices & Industries • Energy • Environmental • Oil & Gas • Outdoor & Wildlife • Regulatory • Renewable Energy Admitted to Practice • New York Biography Capitalizing on his environmental sciences background, Tom helps clients develop projects and grow their businesses by ensuring they have the proper environmental permits and protections. He routinely advises renewable energy and pipeline project developers, investors, and other clients on environmental permitting and transactional due diligence matters to identify and manage environmental risks through all appropriate inquires, indemnification, permit transfers, and other risk management strategies. He also counsels museums, brokers, and other importers of wildlife and wildlife specimens regarding the complexities of US and international wildlife law and, when necessary, prepares petitions for remission to the US Fish and Wildlife Service. Tom also focuses on protecting clients facing enforcement actions or litigation, using his significant environmental experience to advise clients on compliance matters, discuss and negotiate civil and criminal penalties with the NYSDEC and other environmental agencies, cross-collaborate with the firm's litigators on case strategy, and prepare persuasive arguments concerning environmental claims and defenses. He routinely advises clients on compliance and enforcement matters involving petroleum bulk storage and the Clean Water Act, and has defended clients in numerous CERCLA cases, many of which were settled without litigation or successfully dismissed. Bar Associations • New York State Bar Association Representative Experience Tom Paul He | Him | His Counsel Syracuse P: 315.425.2785 [email protected]
Transcript of Tom - Barclay Damon
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Tom Paul
Education• Vermont Law School, Summa Cum
Laude, JD
• Yale University, MEM
• State University of New York College of Environmental Science and Forestry, BS, Summa Cum Laude
Practices & Industries• Energy
• Environmental
• Oil & Gas
• Outdoor & Wildlife
• Regulatory
• Renewable Energy
Admitted to Practice• New York
BiographyCapitalizing on his environmental sciences background, Tom helps clients develop projects and grow their businesses by ensuring they have the proper environmental permits and protections. He routinely advises renewable energy and pipeline project developers, investors, and other clients on environmental permitting and transactional due diligence matters to identify and manage environmental risks through all appropriate inquires, indemnification, permit transfers, and other risk management strategies. He also counsels museums, brokers, and other importers of wildlife and wildlife specimens regarding the complexities of US and international wildlife law and, when necessary, prepares petitions for remission to the US Fish and Wildlife Service.
Tom also focuses on protecting clients facing enforcement actions or litigation, using his significant environmental experience to advise clients on compliance matters, discuss and negotiate civil and criminal penalties with the NYSDEC and other environmental agencies, cross-collaborate with the firm's litigators on case strategy, and prepare persuasive arguments concerning environmental claims and defenses. He routinely advises clients on compliance and enforcement matters involving petroleum bulk storage and the Clean Water Act, and has defended clients in numerous CERCLA cases, many of which were settled without litigation or successfully dismissed.
Bar Associations• New York State Bar Association
Representative Experience
Tom Paul
TomPaul
He | Him | HisCounselSyracuse
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• Counsels developers and investors in solar, hydro, wind, and pipeline projects on NY and Massachusetts environmental permitting and transactional due diligence matters.
• Advises investors and developers regarding environmental liabilities, conducting all appropriate inquiries, contractual representations and warranties, indemnification, and other environmental risk management strategies for projects in New York, Massachusetts, and Kentucky.
• Advises renewable energy and pipeline developers and utilities regarding federal and state-listed threatened and endangered species under the Endangered Species Act, the Migratory Bird Treaty Act, and other wildlife laws.
• Represents a large utility in several multi-million dollar CERCLA litigation matters.
• Advises clients, including a petroleum product supplier and retailer, concerning petroleum bulk storage requirements and potential liability and monetary recover for spills under the NY Navigation Law.
• Represented several clients facing criminal liability under the Clean Water Act.
• Negotiates consent orders and the reduction of penalties on behalf of clients with the NYSDEC and USEPA.
• Negotiated favorable settlements for a client concerning two significant multi-million dollar federal CERCLA/Superfund sites.
• Worked cooperatively with the NYSDEC for the release of millions tied up in an environmental financial assurances trust account to a client.
• Assisted a utility client during an NYS Public Service Commission audit of the utility’s environmental liabilities and prior settlements.
• Analyzed potential threatened and endangered species issues for an electric transmission client in the development of a transmission line project.
• Provided counsel regarding state approvals for an interstate pipeline project.
• Coordinated the transfer of environmental permits and registrations for the purchaser of an oil refinery.
• Assisted an energy client with preparing documents in the Part 102 process before the PSC for the approval of a substation.
• Assisted with an appellate brief for a municipality involving the successful defense of a challenge of municipal landfill operations.
• Represented an interstate pipeline company proposing an approximate $1 billion expansion of its existing infrastructure in Pennsylvania, New York, and New Jersey.
• Secured pre-action dismissal of CERCLA and related state law claims related to a company's installation of gas and
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electric utilities with earth-moving equipment that resulted in a persuasive precedent for future cases regarding the appropriate pleading standard for CERCLA cases.
• Represents an energy storage projects developer in handling all aspects of the projects, including counseling on all siting and permitting issues to ensure the most efficient and successful project development while preserving the in-service dates as well as interfacing with key regulators.
• Served as general outside counsel to a hydroelectric power project owner and developer regarding the $80 million acquisition of several hydroelectric facilities located on Maine’s Kennebec River. Handled real property title issues, obtaining necessary approvals of the assignment of US Federal Energy Regulatory Commission (FERC) and state regulatory licenses, and labor union issues as well as the pre-closing investigatory process with regard to potential environmental and regulatory issues and post-closing issues with management companies.
• Completed environmental and real property due diligence in connection with a series of equity investment transactions in several solar energy facilities in Massachusetts and New York, and as local counsel, advised our client, the investor, of the legal and business risks and prepared permit schedules for closing.
Prior Experience• Hiscock & Barclay, LLP, Associate• Hiscock & Barclay, LLP, Summer Associate• NYS Department of Agriculture and Markets, Assistant Farm
Products Inspector I• NYS Department of Environmental Conservation, Forestry
Summer Intern
Selected Alerts & Blog Posts• New Standards for Environmental Due Diligence for Property
Transactions• Second Circuit Rejects Bright Line Rule for CERCLA Statute
of Limitations• WOTUS Rule Rescinded• Has the Endangered Species Act Gone Batty?• EPA Issues Action Plan for Emerging Contaminants
