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JeffDavis

Partner

"I believe that strong communication skills, creativity, and an analytical perspective are common denominators in obtaining legal successes for clients."

Overview

Biography

Jeff is Barclay Damon’s Regulatory Practice Group leader, Telecommunications Practice Area chair, and Project Development Practice Area co-chair. He focuses primarily on large-scale development projects, including commercial development; renewable energy, specifically wind and solar; lifestyle centers;  commercial greenhouses; and wireless telecommunications facilities.

Jeff works with clients’ development goals and business plans to define the development project-build process. He routinely structures deals and procures financing and incentives for public- and private-sector clients through PILOTs and the SEQRA process. He has extensive experience coordinating environmental impact studies; obtaining zoning, permitting, project siting, and regulatory approvals from municipalities; and working with industrial development agencies. 

Jeff also represents telecommunications tower companies, wireless-telephone providers, personal communications-service (PCS) providers, and major telephone companies in a variety of infrastructure-development projects across New York and Vermont. Jeff delivers strategic advice and zoning and permitting approaches to achieve aggressive development schedules in the highly competitive wireless communications field. He has niche experience in zoning and siting complex wireless infrastructure in the highly regulated Adirondack Park, and he also serves as the national zoning-compliance legal planner for a major PCS wireless provider. 

Jeff advises on resolving liability and minimizing financial exposure involving contaminated sites. He has extensive experience with complex Superfund sites involving contaminated soils, sediments, and waterways as well as the identification of third parties and sources and natural resource damages (NRD). Jeff represents clients in regulatory compliance issues and in the enforcement of federal environmental regulations and state counterparts, including the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA), the Toxic Substances and Control Act (TSCA), and the National Environmental Policy Act (NEPA).

Bar Associations

  • New York State Bar Association Environmental and Local & State Government Law Sections
Experience

Representative Experience

  • Served as the lead attorney for a hydroponic greenhouse produce company in developing the largest glass-enclosed greenhouse in North America, including coordinating SEQRA compliance, zoning applications with two different municipalities, connecting a one-mile gas line and a nearly one-mile electric line to the facility, PILOT agreement with the Madison County Industrial Development Agency, and grants from the NYS Empire State Development (NYSESD) Corporation. Achieved the client’s development timeline by working with client and all involved agencies to identify environmental studies and concerns early in the development process, enabling the project to receive a negative declaration and all project approvals.
  • Represented a global renewable energy company in its $125 million repowering project for an existing 50-turbine wind facility, including replacing all of the turbines. Worked with the local municipality on conducting the SEQRA analysis and environmental impact study and obtaining facility approvals for repowering, applying extensive research on avian studies and blade, ice throw reports, and setback compliance as well coordinating shadow and flicker studies. Received project approval with a negative declaration and secured a PILOT agreement incentive agreement from the Steuben County Industrial Development Agency.
  • Represented a global renewable energy company in its $25 million repowering project for an existing 14-turbine wind facility, including replacing all of the turbines. Worked with two local municipalities and two IDAs on the zoning and project incentive process and obtaining PILOT agreements, height variances, setback variances, site plan approvals, and a special use permit. Applied extensive research and analysis on avian studies and blade and ice throw reports and coordinated shadow and flicker studies to receive a negative declaration under SEQRA.
  • Served as lead counsel for the Onondaga County Industrial Development Agency in a $300 million warehouse project, including coordinating and completing the environmental impact study and SEQRA analysis in an expedited time frame to meet the developer’s construction timeline.
  • Assists clients with project development on the highly regulated Skaneateles Lake watershed, including obtaining zoning variances for home building sites.
  • Represented a national wireless carrier in developing its network in the Adirondack Park, completing over 24 sites in 18 months.
  • Represents national tower companies in aggressive build-suit development across New York State for a national wireless carrier.
  • Represents a client on its status as a potentially responsible party (PRP) at the Onondaga Lake NPL site in Syracuse, New York, one of the largest lake Superfund sites in the country. This is a complex site involving over 100 years of industrial and municipal discharges to the lake; multiple PRPs and sources; several upland and tributary subsites; and several federal and state regulatory agencies, including the NYSDEC, the EPA, the DOJ, and the US FWS. Represents the company in settlement negotiations with the major responsible party over the allocation of costs for the remediation of lake sediments and NRD issues asserted by federal and state trustees as well as with NYSDEC and the EPA as part of PRP groups formed to address NPL subsite and past cost demands. 
  • Represents a major petroleum distributor and retailer in the Northeast on multiple locations across New York State on compliance with petroleum bulk-storage and spill regulations and the negotiation of administrative settlements with the NYSDEC. 

Prior Experience

  • Hiscock & Barclay, LLP, Partner

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