A Message from the Incoming Chair

Publication: Municipal Lawyer
Mar 21, 2005

It is customary for the first message from an incoming Environmental Law Section chair to look at the past, and to the future. A good practice, it seems to me, should not be changed just for the sake of change, so I will take this opportunity to follow that tradition in my first message to you as chair of our Section.

My involvement with the Environmental Law Section and with The New York Environmental Lawyer began more than two decades ago, when I edited the "Recent Decisions" column while at St. John's University School of Law. I am honored to now be able to serve as the chair of this Section.

Environmental law has been my career, and my passion, as I know it is with many of our members. Indeed, it appears to me that this passion often affects the way we practice law, which is why environmental lawyers, perhaps more than other lawyers, typically have a varied career. Many of us have served in the government, have been in (or in, and out of, and then once again back in) private practice, and have taught environmental law -- or hope to!

The background of the officers, with whom I look forward to serving over the next year, reflects this varied experience. The government is well represented: Walter E. Mugdan, first vice-chair, is with the U.S. Environmental Protection Agency, and second vice-chair Louis A. Alexander works for the New York State Department of Environmental Conservation. Alan J. Knauf, the Section's secretary this year, practices law in Rochester, and Joan Leary Matthews, the treasurer, is a professor at Albany Law School.

The Section's immediate past chair, Ginny Robbins, deserves a round of applause and much thanks for her unflagging efforts on behalf of the Section over the last five years. As chair of the Committee on Committees, Ginny spearheaded the Section's effort to reorganize and become current. This past year alone, Ginny has overseen a program on soil vapor intrusion and our Section's submission to the NYSDEC of comments regarding the Department's draft program policy entitled "Evaluating the Potential for Vapor Intrusion at Past, Current and Future Sites." This is a subject of particular interest to me, as a Long Island practitioner, and I look forward to continuing the Section's work on this issue over the next year. Ginny also helped Lou Alexander, second vice-chair, facilitate our Section's selection of four minority law students to receive fellowships in environmental law for employment this summer -- a terrific introduction to environmental law for those who may become members -- and perhaps leaders -- of our Section in the future.

See You in September

In a sense, the future begins in September, with the Fall Meeting of our Section, together with the Municipal Law Section, at The Sagamore, located in Bolton Landing on Lake George, in the beautiful Adirondacks!

The program is terrific, with timely and topical subjects that should be of great interest to all of our members. After getting together for dinner on Friday, September 23, we will open the Saturday morning activities with a CLE program entitled "Redevelopment and Economic Development after Kelo." Kelo refers to the Supreme Court case involving a challenge to the exercise of eminent domain in New London, Connecticut. Professor Patricia E. Salkin of Albany Law School, one of the co-chairs of the program, will moderate the panel consisting, at this point, of Richard O'Rourke, Esq., Pace Law School Professor and Section member John R. Nolon, and St. John's Professor and former Section Chair Philip Weinberg, who will discuss the controversial West Side stadium.

Another session will focus on brownfields issues as they affect municipalities. Here, Section treasurer and one of the program co-chairs, Joan L. Matthews, will moderate, with David J. Freeman, one of the co-chairs of the Section's Hazardous Waste/Site Remediation Committee, on the panel.

DEC representatives Angus Eaton and Barbara Kendall will be on a panel exploring "Municipal Stormwater Regulation," moderated by Robert Feller, one of the Section's CLE Committee co-chairs.

In addition, we will have a session exploring "Current Ethics Issues in Land Use and Environmental Law." The speakers for this session -- Mark Schachner, Esq., and Section Ethics Committee chair Marla Rubin -- will stimulate a local planning board session.

Another planned simulation, scheduled for our Saturday evening entertainment, will examine a fascinating subject: The redevelopment of the General Motors plant in Tarrytown, which involves acquisition and open space issues. Pace Law School Professor Nicholas A. Robinson and Hofstra School of Law Professor Bill Ginsberg, both former Section chairs and highly engaging speakers, are on tap for the evening's program.

CLE credits will be available for the sessions. But there will be much more of interest at the meeting -- not the least of which may be an environmental field trip or two in the magnificent Adirondack Park. In addition, The Sagamore offers activities on campus, including golf, tennis, and racquetball, and a spa and health club.

Our Fall Meeting at The Sagamore is just the beginning. Over the course of the year, the Section will continue its mission to bring together environmental lawyers to work together to support, promote or initiate desirable environmental law reform and to provide topical and informative CLE programs. I hope you will join us for the meeting at The Sagamore, and I look forward to a productive and enjoyable year for the Section.

Reprinted with permission from: Municipal Lawyer, Spring/Summer 2005, Vol. 25 No. 2, published by the New York State Bar Association, One Elk Street, Albany, New York 12207.

Back To Attorney Profile