| Greetings!
After helping our clients expand in times of prosperity, we have been keenly focused of late on preserving economic viability amid tightened credit and global uncertainty. By restructuring credit facilities, opening avenues for new capital and aggressively defending opportunistic litigation, our client-centered strategies have helped talented entrepeneurs weather the most significant challenges to small and medium-size business in generations. We are there for our clients in good times and in challenging times and I am pleased our creative legal thinking and hard-edged negotiating has preserved client capital and sustained dozens of local jobs. My colleagues and I at the IGR Group/Mercury Public Affairs have also been focused on moving our clients' issues through the executive and legislative branches in Albany, Washington, DC and New York City. I am particularly delighted that the man widely regarded as President Obama's political mentor, former Illinois Senator Emil Jones, has joined our firm and will lead our new Chicago office. There is so much activity in the public sector today and smart businesses realize they need our team of talented lobbyists and public affairs professionals to ensure the strength of their businesses. You can contact me concerning federal, state or local lobbying and public affairs matters at rkarben@igr-group.com.
The Hudson Valley Environmental Action Fund, a pro-environment PAC I founded in July 2006, is busy as well. The PAC was active in supporting candidates across the state during the recent election season. I know you share my commitment to renewable energy, polluter accountability and smart growth and hope you can consider a contribution to support HVEAF's work. As always, do not hesitate to contact me if I can be of any assistance. Best, Ryan S. Karben The material contained in this newsletter is attorney advertising. |
Landmark Ruling Expands Right to Challenge Municipal Environmental Rulings
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In a landmark ruling, the Court of Appeals dramatically expanded the pool of individuals and organizations with legal standing to challenge a municipal environmental determination under the State Environmental Quality Review Act. Ironically, however, the Court found that the challenged environmental review was, despite petitioners' objections, complete as a matter of law.
In Matter of Save the Pine Bush v. Common Council of the City of Albany, the Court reversed the decisions of both the Appellate Division and the Supreme Court. Both lower courts had concluded that the respondent city did not sufficiently consider the potential environmental impacts of a proposed hotel on a rare species of butterfly, the Karner butterfly. While the environmental review raised concerns about the impacts of the development on the butterfly and assorted other plant and animal life, the lower courts found it lacking the "hard look" at these issues required under state environmental law.
Most of the decision is limited to the narrow circumstances concerning the development at issue namely the construction of a hotel on the Washington Avenue extension in Albany. But the Court's new articulation of a rule regarding standing in SEQRA cases is broad, noteworthy and likely to lead to an expansion of this already contentious area of litigation.
Writing for the majority, Justice Smith announced that "a person who can prove that he or she uses and enjoys a natural resource more than most other members of the public has standing under the State Environmental Quality Review Act (SEQRA) to challenge government actions that threaten that resource."
The Court gave greater force to its earlier ruling in Society of Plastics Industry v. Suffolk which may have appeared to elevate residential proximity to a proposed environmental act as a factor in standing under SEQRA. The Court here explicitly rejected such a notion, finding that even occasional visitors to an environmentally sensitive location would be able to allege sufficient injury to achieve standing under SEQRA.
The Court's decision thus allows organizations or individuals far from a proposed to development site, provided they can allege a cognizable injury from the development, to bring a lawsuit challenging the decisions of a municipality in which they do not live..
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Community Corner: Tomorrow's Workplace a Vital Resource in Employment Turmoil
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Tomorrow's Workplace is a high-tech user friendly employment
resource center serving citizens and employers of the regional tri-state area.
The center assists job seekers and employers by
offering them tools and resources needed for career development,
training and employment opportunities. Both job seekers and employers can access useful information and services, free of charge. If you or a loved one or friend need to transition in your career because of a layoff, the center is a critical resource. Tomorrow's Workplace is providing guidance on environmentally-friendly "green jobs", and computer training. It also provides resources for employers looking to hire. You can obtain more information about Tomorrow's Workplace and their menu of services by contacting them here. |
Karben Joins AG Andrew Cuomo for Hudson Valley Tribute Breakfast
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AG Cuomo, a longtime friend of Karben, spoke about how the crushing local property tax burden could be relieved by Cuomo's initiative to promote local government consolidation.
Former NYS Senator Nick Spano, Rockland County District Attorney Tom Zugibe, County Clerk Paul Piperato and Rand Realty CEO Marsha Rand also attended the program.
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Karben Racks Up Success in Foreclosure Defense
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Foreclosures in New York State were up 24% in the year's second quarter over the January to March period, a troubling trend outpacing the national average, according to the New York State Department of Banking.
Our firm has developed a specialty in foreclosure defense in response to this disturbing trend. We have been able to halt pending foreclosures sales and raise meritorious defenses to foreclosure proceedings in Broome, Kings, Orange, Rockland, Sullivan and Westchester counties. If you are facing residential, multi-family or commercial foreclosure, contact us today.
Both individual homeowners and sophisticated real estate investors are often overwhelmed by the foreclosure process and many believe that good faith negotiations halt legal proceedings. Sadly, we have seen numerous cases where the bank is negotiating on the one hand while the bank's lawyers, unaware of the negotiations, proceed to auction the property, sometimes without further notice. Skilled legal representation is essential in any foreclosure; do not ignore court notices and do not handle legal matters without the assistance of counsel.
The Banking Department reported that Orange County, with 643 foreclosure filings in the second quarter, had
an increase of more than 61 percent from the first quarter of 2009. It
also had the highest ratio of filings in the state, with one in 208
households with a foreclosure filing in the second quarter.
Rockland and Putnam were also in top five counties based on the ratio
of households impacted, with one in 264 and one in 272 homes with a
foreclosure filing in the second quarter of 2009. |
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| Stand Up For Our Environment |
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Make your contribution today!
The Hudson Valley Environmental Action Fund supports greater public access to environmental data, increased investment in renewable energy, broader commitment to planned growth, expanded efforts to clean up toxic waste sites and sharper focus on public transportation.
To donate, click here.
To volunteer to support candidates committed to our environment, click here.
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