Sackman, David W.

Outside counsel to government entities/public benefit corporations. City of Peekskill in re development of industrial facility on site of former landfill adjacent to surface water. Special counsel to City of Yonkers Office of Corporation Counsel environmental impact review of proposed minor league ballpark. City of White Plains defense against Article 78 challenge to land use approvals for White Plains Town Center. City of Yonkers Planning Board and Bureau of Planning in environmental impact review of site plan application for major residential development. City of Yonkers Downtown and Waterfront Development Office in effort to redevelop of one-half mile area fronting on Hudson River (including: remediation of multiple sites under various programs including the 1996 Clean Water Clean Air Bond Act; the New York State Department of Environmental Conservation's Voluntary Cleanup Program; funding of park and recreational facilities with the New York State Department of Parks, Recreation and Historic Preservation; environmental impact review under the New York State Environmental Quality Review Act and the National Environmental Policy Act; and permits from the United States Army Corps of Engineers.). City of New Rochelle in re-development of former municipal ashfill as major "big box" retail development (Price Club and Home Depot). Metro North Commuter Railroad in development of new Montrose, NY train station; defense against Article 78 challenge to Annesville Creek bridge replacement.

Environmental impact review under National Environmental Policy Act and New York State Environmental Quality Act. Partial list. Special counsel to City of Peekskill in re environmental impact review of development of industrial facility on site of former landfill adjacent to surface water. Special counsel to City of Yonkers Office of Corporation Counsel re environmental impact review of proposed minor league ballpark. Environmental counsel to City of Yonkers Planning Bureau re major apartment complex proposal.. Litigation counsel to City of White Plains in defense against Article 78 proceeding challenging SEQRA compliance of White Plains Town Center project approvals. Environmental counsel to City of Yonkers Downtown and Waterfront Redevelopment Office in connection with Downtown Waterfront Master Plan and Redevelopment Project. From 1980 to 1986, analyzed applicability of SEQRA with respect to proposed projects of New York City Department of Sanitation. General advice regarding SEQRA compliance with respect to public and private projects.

Consent agreements in enforcement actions brought by New York State Department of Environmental Conservation ("NYSDEC") and United States Environmental Protection Agency ("USEPA"). Partial list. Special counsel to City of Peekskill in negotiation of administrative consent order in re remediation of alleged violations of environmental standards at former municipal landfill. Defense against proceedings brought by the NYSDEC and/or the New York State Attorney General concerning unauthorized dumping of solid waste and hazardous waste. Negotiated landmark consent agreement permitting limited remediation of municipal of incinerator ash landfill followed by redevelopment of same. Negotiated 50% reduction of civil penalties proposed by USEPA for alleged violations of Land Disposal Restriction regulations under the Resource Conservation and Recovery Act ("RCRA"). Negotiated 70% reduction in damages payable by client in action brought by New York State Attorney General for recovery of costs incurred by the state in remediation of underground storage tank leak.

Administrative review/Article 78 practice. Partial list. Past or continuing represention of: City of Yonkers in defense of Article 78 challenging environmental impact review of minor league ballpark/retail project (petition dismissed in Jones v. Amicone); City of Yonkers Planning Board in defense of site plan approval for major multi-family apartment building (petition dismissed in River Community Coalition v. Ellman); City of White Plains in successful defense against hybrid Article 78/Declaratory Judgment challenging approvals for White Plains Town Center project (petition dismissed in IWL Associates v. White Plains); City of Yonkers at IAS court level in challenge of County of Westchester environmental impact review procedures in relation to sewer system repairs (not counsel on appeal); St. John's Riverside Hospital in successful defense of multiple Article 78 proceedings (and appeals) challenging land use approvals (Hogg v. Cianciulli) and historic preservation procedures ( Hudson Communities Coalition v. Restiano, Hudson Communities Coalition v. State of New York ).

Environmental contamination matters. Partial list. New York State Inactive Hazardous Waste Site Registry matters. Remedial Investigations/Feasibility Studies. De-listing petitions, voluntary cleanup agreements. Negotiated landmark agreement between City of New Rochelle and New York State Departments of Environmental Conservation and Health for permanent closure and remediation of an incinerator ash landfill with subsequent re-development as "big box" shopping center (N.B. same was cited by NYSDEC as pilot project for its Voluntary Cleanup Program). Petroleum spill management and litigation (defended Texaco Inc. against federal Resource Conservation and Recovery Act ("RCRA") suit; defended private client against New York Navigation Law cost recovery; obtained "comfort letter" [prior to enactment of legislation specifically authorizing same] from USEPA for property owner contiguous to National Priority Superfund site. Negotiated settlement in FAA hazardous materials claim involving air shipment of flammable material. Obtained commitment of municipality to remove contaminated material which it had deposited in lake owned by private client. Continuing management of multiple incidents in New York and Connecticut for private client. Representation of private client in major CERCLA remediation project in Connecticut.

Asbestos removal and decontamination matters. Partial list . General advice to building owners re regulatory requirements, liability, and disposal issues. Defended building owner in asbestos demolition case (avoided summary closure of building containing cable television company, penalties reduced from greater than $250,000 to less than $30,000). Negotiated consent agreement on behalf of multi-family apartment management company to correct asbestos violations. Obtained withdrawal of claim against building owner in OSHA asbestos-related action in Connecticut.

Wetlands matters. Partial list . Section 404 permits; nationwide permits; enforcement proceedings before NYSDEC, USEPA; environmental impact review regarding Section 404 wetlands permit.

Land use. Involvement in land use applications as counsel or co-counsel: extension of non-conforming use/use variance for hospital expansion (Yonkers, NY); variance (Yonkers, NY; New Rochelle, NY); special exception (Philipstown, NY; Madison, Ct.); site plan (Yonkers; NY, Montrose, NY, North Castle, NY); subdivision (Mount Hope, NY; Rye, NY); re-zoning (Yonkers, NY; Hastings-on-Hudson, NY; New Rochelle, NY; Stratford, Ct. \[as opposing counsel\]); Uniform Land Use Review Procedure (New York, NY).

General regulatory compliance under federal, state and local laws. Including: the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act ("RCRA"), the Community Right to Know Act, the Occupational Safety and Health Act, the National Historic Preservation Act; Endangered Species Act; the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), etc. Partial list . As member of planning staff, advised NYC Sanitation Department on re compliance with preceding environmental laws and procedures in connection with closure of landfills, expansion of landfills, rehabilitation of incinerators, etc.. As counsel, advised numerous real estate developers/managers, government, and manufacturing clients re preceding laws.

Environmental due diligence investigations . Designed and coordinated numerous of pre- and post-acquisition investigations of environmental conditions affecting real property.

Real estate contracts. Partial list. Negotiated environmental provisions in major real estate contracts, such as, representations, investigation procedures and parameters, indemnifications, cleanup provisions, cost sharing, post-transaction conditions ( e.g ., "put" back to sellers who failed to abate contamination as contractually required).

Environmental risk management for lenders. Partial list . Developed environmental risk management policy and procedure for major bank trust department. Analyzed environmental risks in re deals for lenders, including Manufacturers Hanover Trust, Fleet Bank, Peoples Bank; First Union, Crown Insurance Company, Manufacturers and Traders Bank,.

Toxic tort litigation. Partial list. Represented plaintiffs in lawsuit ( Brilliant v.Town of Harrison ) involving the placement of an illegal industrial waste landfill in high end residential neighborhood (defendants ultimately removed the landfill and paid monetary damages to the plaintiffs). Represented former owner of shopping center contaminated with dry cleaning solvents. Represented owner of home contaminated by lead-based paint dust. Representation of site owners, suppliers, and operators in leaking underground storage tank matters. Currently representing home owners' association in claim regarding contamination of lake.

Historic preservation review. Partial list . Represented developer in federal, state, and local reviews (successfully defended favorable administrative determinations in multiple court challenges and appeals). Representing City of Yonkers in historic preservation reviews (among others) relating to downtown waterfront master plan and redevelopment project.

CERCLA/RCRA practice. Partial list. As staff member, assisted City of New York Sanitation Department in development of defenses and third party claims in early stages of landmark case, United States v. Exxon . Taught advanced Hazardous Waste law course to Pace Law School Environmental Certificate and Masters Degree candidates. Represented plaintiffs and defendants in CERCLA cost recovery/contribution actions (including, generators, facility owners and operators). Represented manufacturer in enforcement action brought for alleged violations of RCRA land ban rule. Represented contiguous property owner in re federal response action at National Priorities List site. Obtained dismissal of RCRA action seeking mandatory injunctive relief against former Texaco Inc.

Commentary concerning proposed legislation and regulations. Partial list . revisions to regulations under State Environmental Quality Review Act; NYCDEP regulations concerning Safe Drinking Water Act watershed source protection program extending over 1,900 square miles of New York State from Westchester County to the Adirondacks); Clean Water/Clean Air Bond Act of 1996.

Real estate development project manager. Managed planning and approvals for proposed $30 million, high end senior citizen multifamily development project. Partial list : financial and feasibility studies (pro formas) market feasibility analyses; market surveys; land use approval process; environmental due diligence; geotechnical analyses; structural engineering; site planning; architecture; etc. Selection and management of all consultants. Negotiated consultant contracts in all areas. Drafted and presented successful application for zoning amendment to permit multifamily senior citizen residential facility.

In-house counsel to real estate management firm. Partial list. negotiation of lease agreements with cellular phone providers; contract negotiations with service providers (e.g ., water company, insurance, trades). Hazardous materials removal and decontamination; general counseling.