Supreme Court Expands Power of Courts to Review Agency Decisions

In Weyerhaeuser v U.S Fish and Wildlife Service, 2018 WL 6174253 (November 27, 2018) the Supreme Court addressed the tension between the presumption that agency decisions are subject to judicial review and the exclusion from review for actions that are given over to the discretion of an agency.  At issue was the agency’s designation of certain land as “critical habitat” for the dusky gopher frog. …

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Beyond #MeToo: Heightened Obligations on New York’s Employers to Address and Prevent Sexual Harassment in the Workplace

By  Gregory S. Lisi, Esq. Lisa M. Casa, Esq. and Jane Chen, Esq. Following the “#Me Too” movement, federal and state legislators have imposed heightened obligation on employers to prevent sexual harassment and to provide victims of sexual harassment more leverage to seek compensation. Federal Last December, Congress passed the Tax Cuts and Jobs Act of 2017 (the “Act”), which, in an effort to deter…

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John Bues of Forchelli Deegan Terrana LLP Honored as a Kings of Queens

Uniondale, November 13, 2018 – Associate John Bues was honored by Schneps Communications, publishers of the Courier chain of newspapers which includes the Long Island Press, as a King of Queens. The Kings of Queens award honors men for their outstanding leadership as well as their contributions to the community. John Bues has extensive experience in real estate, banking, and corporate transactions and litigation. He…

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Fairness in Allocating Cleanup Costs Between Buyers and Sellers of Real Property

When real property is sold without a clear allocation of potential environmental cleanup costs, a court trying to allocate those costs in a litigation looks to a variety of “equitable” factors to reach a fair allocation.  In Trinity Industries, Inc. v Greenlease Holding Company (3d Cir. September 5, 2018), the Court examined “value of the property” as a fairness factor, that is, in addition to…

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Partner William F. Bonesso Honored by The Italian-Americans in Government, Inc.

Uniondale, October 2, 2018 – The Italian-Americans in Government, Inc. Honored Partner William F. Bonesso at its Annual Celebration of Columbus Day Dinner. William F. Bonesso has wide-ranging experience in the areas of land use and zoning, real estate and municipal law. A frequent lecturer at Continuing Legal Education seminars, Mr. Bonesso concentrates his practice in providing land use and development counsel, preparing and presenting…

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Genuine Auto Parts V EPA: How to Challenge Agency Findings of Fact

This article by Aaron Gershonowitz, discusses how to challenge decisions of fact made by administrative agencies, based on a recent federal appellate decision in which a decision by the Environmental Protection Agency was overturned. In Genuine Auto Parts v EPA, the court concluded that the agency’s failure to address an important element of the matter made its decision “arbitrary and capricious” and “not supported by substantial…

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Graffiti Artists Awarded $6.75 Million for Destroyed Murals

Who owns the artwork painted on a building when it is to be demolished? Can those rights to the painting be waived? How much is it worth? In the article, "Graffiti Artists Awarded $6.75 Million for Destroyed Murals," Jane Chen, shares the federal court's decision. Reprinted with permission from The Suffolk Lawyer.

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2018 Women In Real Estate, Professional Services: Judy L. Simoncic, Forchelli Deegan Terrana LLP

Name: Judy Lynn Simoncic Title: Partner Company Name: Forchelli Deegan Terrana LLP Real estate association / organization affiliation(s): Long Island Real Estate Group (LIREG); International Council of Shopping Centers (ICSC); Vision Long Island (Board) How important is it for women to create a personal brand? I am a Land Use and Zoning partner in a top law firm on Long Island. While my firm is…

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Forchelli Deegan Terrana LLP Attorneys Named to the 2018 New York SuperLawyers Rising Stars® List

Uniondale, NY, September 13, 2018—Nine attorneys from Forchelli Deegan Terrana, LLP have been  named to the 2018 New York Rising Stars® SuperLawyers list. SuperLawyers, a Thomson Reuters business, are a rating service of outstanding lawyers who have attained a degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent…

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