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ENVIRONMENTAL LAW
Peter Henner has a long history of
representing
environmental organizations, community groups, individuals and
municipalities. His practice includes citizen suits against
industrial and municipal polluters, representation of municipalities
attempting to protect the environment, the development of creative
strategies for community and environmental groups, and, of course,
representing victims of toxic and environmental torts.
Peter's practice grows out of a strong commitment to
protecting and preserving the environment. Although he has
occasionally represented developers of independent power, such as
natural gas plants and hydroelectric facilities, almost all of Peter's
environmental practice is devoted to advocacy for the environment. He
does not represent large corporations, does not defend major
environmental violators, and he does not assist government, commercial
or industrial entities seeking regulatory approval of undesirable
projects.
As of May 2010, Peter's active case
docket includes: 1) the representation of Save the Pine Bush in
opposing the City of Albany's plan to once again expand their Rapp Road
landfill in a unique environmental area, 2) a challenge to the siting
of a 33 acre landfill within the Amsterdam city
limit, 3) a lawsuit seeking to prohibit the Town of Brunswick from
systematically disregarding its own Comprehensive Plan,
and 4) a lawsuit seeking to enjoin the nuisances caused by a large,
rapidly expanding, environmentally insensitive
camp in the Catskills. In addition to litigation matters, Peter
represents the Landis Arboretum, is special counsel to the Town of
Berlin Zoning Board of Appeals with respect to cell tower applications,
and is special counsel to the Town of Amsterdam for environmental
issues. He also represents community groups concerned about
prospective environmental impacts of industrial wind turbines in
Otsego, Schoharie and Delaware Counties.
From 1998 through 2004, Peter led a team of
lawyers
in state and federal court litigation on behalf of a group of
Connecticut residents who lived adjacent to Wethersfield
Cove, just
south of Hartford on the Connecticut River. As a result of their
efforts, the Metropolitan District Commission paid a $750,000
settlement and committed itself to a remediation program. In
2008, he obtained a $675,000 settlement on the morning of trial,
against the owner
of a mobile home park near Kingston New York that was destroyed by
flooding.
Peter has represented several municipalities
with respect to issues pertaining to electric generating facilities,
including: 1) the Eastern Niagara Power Project Alliance (a coalition
of towns, school districts and cities), with respect to issues
pertaining to the relicensing of the Niagara Falls hydroelectric
facility, 2) the
Town of Cortlandt, (the host community of the Indian Point nuclear
power plants) with respect to the sale of the plants to Entergy,
3) the Green Island Power Authority in its
efforts to replace an obsolete, privately owned 40 MW
hydroelectric facility at Cohoes Falls with a
modern, publicly owned 100 MW facility, 4) the Town of Somerset, in
western New York, with respect to the 900 MW coal-fired power plant in
the Town, and 5) the City of Oswego, in connection with efforts to
acquire a hydroelectric facility previously owned by Niagara
Mohawk.
Peter has actively opposed the deregulation of
electricity, which has had the effect of replacing a regulated monopoly
with an unregulated monopoly. In 2002, and again in 2003, he taught a
course in the graduate program of Environmental Management at the Lally
School at Rensselaer Polytechnic Institute called Managing Energy
Issues, devoted to the issue of deregulation. Peter published an
article in the Spring 2002 New York Environmental Lawyer describing the
failure of deregulation in New York titled "The
Alarm
Clock Didn't Ring: The Failure to Consider the Environmental Impacts of
the "Deregulation" of the Electric Industry in New York".
In 1998, as part of New York State's deregulation of electricity, the
New York State Public Service Commission approved a restructuring plan
for the Niagara Mohawk Power Corporation. On behalf of several
municipalities, Peter commenced a lawsuit challenging the restructuring
plan, on the grounds that the Commission had failed to adequately
consider the prospective environmental impacts of the plan. This
case represents one of the few legal efforts made throughout the
country to challenge the deregulation of electricity. (Since most
states that deregulated electricity did so by legislative act, such
challenges were usually not possible; in New York, deregulation was
accomplished by administrative action, subject to judicial review.)
Peter has litigated a number of other cases alleging
violations of the New York State Environmental Quality Review Act
(SEQRA), including legal challenges to: 1) the issuance of Water
Quality Certificates to hydroelectric facilities, 2) the relocation of
the central
office of the New York State Department of Environmental Conservation
(on behalf of the Public Employees Federation, a statewide labor
union), 3) the New York State Power Authority's sale of Indian Point 3
to
Entergy, a large private energy company, and 4) the permitting of
incinerators, landfills, and golf courses. He published an Article in
the Fall, 2001 New York State Environmental Lawyer, describing the
increasing difficulties for community organizations to obtain standing
to maintain SEQRA lawsuits: "Great Future in Plastics? The
Judicial Repeal of Standing for Environmental Organizations in SEQRA
Cases".
Peter has also brought environmental lawsuits on
behalf of labor unions. As a union-side labor lawyer, he
believes, as an article of faith, that labor unions and environmental
organizations are natural allies, and he is always trying to promote
working alliances between the two groups. In 2001 and 2002, he acted as
special counsel to the New York Metro Postal Workers Union in bringing
a citizen suit against the United States Postal Service resulting from
the anthrax contamination of the main Manhattan postal facility.
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