Chesapeake Action Network v EPA: Court Tells EPA to Reconsider Rule Because Petitioners Did Not Have a Fair Opportunity to Comment

It is not unusual for a developing rule or other agency action to be something of a moving target, with an agency responding to comments in a way that leaves some in the regulated community complaining that they did not receive the required fair opportunity to comment before the rule or agency action became final. The DC Circuit’s opinion in Chesapeake Action Network v EPA…

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Forchelli Deegan Terrana LLP to be Honored at Long Island Business News’ Real Estate, Architecture & Engineering Awards

Forchelli Deegan Terrana LLP (“FDT”) will be honored as the Top Property Tax Assessment Firm at LIBN’s annual Real Estate, Architecture & Engineering Awards. This awards ceremony honors those who help create and build Long Island’s future, and recognizes some of the most dynamic and successful business people in the commercial real estate community. FDT will also be recognized in the Top Industrial Renovation category.…

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Center for Biological Diversity v U. S. Forest Service: A New Type of Claim or Just Another Step in the Chain of Causation?

This article, written by Forchelli Deegan Terrana LLP attorneys Aaron Gershonowitz and Brian W. Kennedy, was published in the December 30, 2019 Environmental Claims Journal. Reprinted with permission from Routledge Taylor & Francis Group.

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Tax-exempt commercial leasehold condominiums take hold on Long Island

"Tax-exempt commercial leasehold condominiums take hold on Long Island," authored by Forchelli Deegan Terrana LLP partners Judy Lynn Simoncic and Nathan R. Jones, was published in the November 19, 2019 issue of the New York Real Estate Journal (pages 2A & 13A). Click here to read the article. Reprinted with permission from the New York Real Estate Journal.

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Environmental Impact Statements: Which Effects of an Action are Impacts that must be Considered?

The recent decision by the 11th Circuit Court of Appeals in Center for Biological Diversity v US Army Corps of Engineers, 2019 WL 5690619 (Nov. 4, 2019) concluded that impacts of an action that are “at most, tenuously caused” are not impacts that must be considered in preparing an environmental impact statement. The case arose out of an application by a fertilizer manufacturer for a…

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Atlantic Richfield v. Christian: Can a Property Owner Use State Law to Compel Further Remediation of a Site Remediated Pursuant to Federal EPA Standards?

This article, written by Forchelli Deegan Terrana LLP attorneys Aaron Gershonowitz and Brian W. Kennedy, was published in the Fall 2019 Real Estate Finance Journal. Click here to read full-text. Reprinted with permission from The Real Estate Finance Journal.

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RP-5217 Transfer Report Can Affect Future Real Estate Taxes

John V. Terrana and Gabriella E. Botticelli's article, "RP-5217 Transfer Report Can Affect Future Real Estate Taxes," was published in the September 17, 2019 New York Real Estate Journal (Front Section). John is a Partner and chairs FDT's Tax Certiorari practice group. Gabriella is an Associate in the firm's Tax Certiorari practice group.

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Dispelling 5 Misconceptions About Environmental Issues, Continued

My post listing the top 5 misconceptions about environmental law received positive feedback, so I am continuing it in this post, listing misconceptions 6 through 10. The top 5 were statements that many transactional attorneys believe, but are false. Misconceptions 6-10, on the other hand, are sometimes true. 6. The investigation found contamination, so we must report it to the State. That statement is sometimes…

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Who’s Who: Women in Professional Services – Stephanie M. Alberts

"A large part of my practice is estate planning. At the forefront of my practice is a focus on the client. As part of that focus, I concentrate on keeping current with changes to the tax law so that I can provide cutting-edge estate planning strategies. I also encourage clients to re-visit their estate plan every few years or when a significant life-event occurs and…

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Buyers Beware – The RP-5217 Transfer Report Can Affect Future Real Estate Taxes

All real estate lawyers are familiar with the RP-5217 Form. You know the one; that mandatory transfer report that must be filed before a conveyance of real property can be recorded, which lists the property information, the sale price, circumstances of the sale and identifies the buyer. Nevertheless, many might be surprised to learn that the RP-5217, a seemingly straightforward formality, can have adverse consequences…

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