Areas of Practice
- New York
- New Jersey
- J.D., Hofstra University School of Law, 2008
- B.A., Boston University, 2000
Brendan J. Mooney
Brendan Mooney is a Partner in the firm’s Environmental and Energy, Utilities, Water and Telecommunications departments. Brendan’s energy practice is focused on siting and permitting of major utility facilities through the New York State Public Service Law (“PSL”) and he also routinely advises clients on environmental and land use development issues, permitting, electric and natural gas regulations, facility operational compliance, and general regulatory compliance.
Brendan’s environmental practice includes representing clients in matters involving the New York State Environmental Quality Review Act (“SEQRA”), state and federal clean water laws, hazardous waste regulations, New York State Oil Spill Law, environmental due diligence, petroleum discharges, State Pollutant Discharge Elimination System (“SPDES”) permit violations, spill response cost recovery, environmental insurance coverage, bulk storage tank violations and permitting.
Areas of Concentration
- Energy, Utilities, Water, and Telecommunications
- Energy Transactions
- Siting and Permitting
- Corporate Environmental Issues
- Represented public utility company with respect to PSL Article VII Certificate amendment application seeking authorization for the construction of 115 /13.2 kV substation in the Town of Ballston, NY. Counseled client regarding the preparation of Article VII application, discovery and drafting of Environmental Management and Construction Plan (“EM&CP”).
- Represented corporate client with regard to potential liability under New York State Superfund Program, application to the New York State Brownfield Cleanup Program, risk associated with transfer of contaminated property and environmental insurance related to sale of property in Brooklyn, NY.
- Represented public utility company with respect to PSL Article VII Certificate amendment application seeking authorization for the construction of a 345/115 kV transmission substation in the Town of Humphrey, NY. Counseled client regarding discovery and preparation for evidentiary hearing, drafted post-hearing briefs, and advised client regarding phased implementation of EM&CP.
- Represented public utility company with regard to Part 102 Report, PSL Section 68 Petition for Certificate of Public Convenience and Necessity, compliance with SEQRA, municipal site plan and variance requirements associated with the permitting of 115 kV transmission lines, 115/34.5 kV substation, and distribution lines in the Towns of Ghent and Stockport, NY.
- Represented merchant utility in PSL Article VII application proceeding for the construction of a converter station, overhead alternating current electric transmission line and underground high-voltage direct current transmission line through the Towns of Beekmantown, Plattsburgh, Au Sable and Chesterfield, NY. Advised client regarding the acquisition of easement rights from the New York State Office of General Services and New York State Department of Parks, Recreation and Historic Preservation.
- Represented public utility company with regard to the reconductoring of approximately 22 miles of 345 kV transmission lines in the Towns of Delhi, Camden, Colchester and Rockland, NY and installation of series capacitors in the Town of Delhi. Advised client regarding PSC petition for declaratory ruling, SEQRA compliance, NYSDEC permitting and municipal land use permitting requirements.
- Counseled construction company with respect to alleged violations of the Environmental Conservation Law associated with discharges to Jamaica Bay. Negotiated terms of consent order with NYSDEC and third party.
- Advised interstate natural gas company with respect to Title V air permit application, Natural Gas Act appellate remedies and litigation with NYSDEC regarding the permitting of a proposed interstate natural gas pipeline compressor station in the Town of Wright, NY.
- Counseled client with regard to alleged SPDES permit violations in the Town of Islip, NY. Negotiated terms of consent order and corrective action plan.
- Represented not-for-profit corporation with respect to the subdivision of an approximately 26-acre parcel of land in the Village of Amityville, NY. Counseled client regarding SEQRA compliance, Village and Suffolk County subdivision permitting, and Suffolk County Department of Health Services sewer and water permitting requirements.
- Represented various clients with respect to local law requirements, right to build issues, site plan, special permit and variance applications.
Professional & Community Activities
- Member, New York State Bar Association, Energy and Environmental Law Section, 2008-present
- Member, Nassau County Bar Association, Environmental and Construction Law Committees, 2013-2017
- Member, NAIOP, 2018-present
- Member, Long Island Real Estate Group, 2018-present
News & Speaking Engagements
- May 16, 2019
- D.C. Circuit Holds Withdrawal-and-Resubmission of Water Quality Certification Requests Under Section 401 of the Clean Water Act Does Not Trigger New Statutory Periods of Review for Hydroelectric ProjectFebruary 1, 2019
- July 1, 2018
- U.S. Environmental Protection Agency and U.S. Army Corps of Engineers Issue Final Rule Defining “Waters of the United States” Under the Clean Water ActNovember 4, 2015
- Environmental Protection Agency and U.S. Army Corps of Engineers Proposed Rule Defining “Waters of the United States” Under the Clean Water ActJuly 17, 2014