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MaryVolcko

Project Specialist

"My job is never boring—handling unique legal projects across industries lets me keep learning and growing as I help clients achieve their goals."

Overview

Biography

Mary offers over 25 years of legal support and deep knowledge in matters related to energy, mining, project development, regulatory and environmental law. Mary coordinates and assists in managing a wide array of projects and engagements related to, permitting, regulatory matters, and contested matters including project applications, discovery management and review; factual development; matter intake and technical analysis; dispositive motions; agency-level hearings, trials, and settlements; and obtaining agency approvals and permits. She is routinely involved with complex commercial and environmental litigation in state and federal courts, including appeals; Article 78 actions; and permitting and regulatory matters involving SEQRA compliance, CERCLA, Navigation Law, environmental permits, development, land use, zoning approvals, and other regulatory approvals before federal, state, and local agencies.

As part of the firm’s cannabis team, she assists with industrial hemp businesses in terms of permitting and regulatory compliance. She also has significant experience with environmental review, permitting, and regulatory compliance matters involving a wide range of industries and complex development projects, including hot-mix asphalt and construction aggregate processing and mining facilities as well as energy generation and transmission projects.

Mary additionally assists with applications for certifications under New York State and local diversity certification programs. She also acts as liaison between clients, consultants, the courts, and others for investigative and preparation purposes. Mary is proficient in numerous legal-industry software programs and practice-specific programs, including Concordance and Relativity, and is experienced in filing through e-court systems.

Bar Associations

  • Onondaga County Bar Association

Selected Memberships & Affiliations

  • Barclay Damon’s Women’s Forum
Experience

Representative Experience

  • Successfully obtained highly competitive state Municipal Restructuring Fund (MRF) grants for clients.
  • Acted as lead document manager in numerous pieces of high-profile litigation in both federal and state courts, including CERCLA matters and actions challenging state and local agency determinations. Provided litigation support to lead counsel representing a group of self-insured employers against the NYS Workers’ Compensation Board. The litigation team successfully obtained a stay of enforcement and, ultimately, a beneficial settlement for the client group.
  • Assisted the legal team representing a major interstate oil-pipeline company in the development of an interstate oil pipeline between New York and New Jersey, analyzing issues related to NY environmental regulatory regimes and the State Environmental Quality Review Act.
  • Regularly provides support concerning underlying scientific findings and related regulatory requirements to lawyers in negotiations with the NYS Department of Environmental Conservation on behalf of clients in enforcement proceedings.
  • Successfully negotiated an industrial hemp agricultural forward agreement involving the purchase of over $1 million of NY-grown hemp biomass cultivated during the 2019 growing season.  
  • Obtained a highly favorable settlement for a coalition of NYS transportation-related businesses in a lawsuit against the NYS Workers’ Compensation Board. The coalition was comprised of former members of a group self-insured trust that was fraudulently formed and unscrupulously managed, leading to the insolvency of the trust. The clients alleged the “deficit assessment” issued by the board against the members violated both procedural and substantive due process, several statutory provisions, and common law. Obtained successful motions for stay of enforcement and partial summary judgment and settled related third-party litigation with no exposure for the clients.
  • Assisted with defending a manufacturer of magnetic ferrous powders in a NYS Department of Environmental Conservation (NYSDEC) enforcement action where the agency alleged multiple violations of state air permitting regulations and violations of conditions of the facility’s state facility air permit. The violations could've resulted in criminal penalties against the company and company principals. The client was also in the midst of transferring a controlling interest to another company, potentially impacting the sale, including seamless transferring all NYSDEC-issued permits to the new entity to continue the operations.
  • Represents a power generation company as its NYS Public Service Commission counsel with respect to the interconnecting transmission lines and regulatory siting approvals needed for an offshore wind project, which was awarded a contract for offshore wind renewable energy credits (ORECs) by NYSERDA. Along with our co-counsel, Barclay Damon has prepared and filed an Article VII application for a part of the offshore wind project, is responding to a deficiency letter from DPS staff, and is answering questions from DPS staff to ensure the completion of the application. We have also assisted the client with the posting of security in the NYISO Class Year Facilities Study for the offshore wind project as well as the negotiation of support services agreements with another energy company and the negotiation of the interconnection agreement for that facility. Barclay Damon also filed a petition with FERC seeking an extension in the period for achieving commercial operation to be stated in that interconnection agreement.
  • Represents a power generation company as its NYS Public Service Commission counsel with respect to the interconnecting transmission lines and regulatory siting approvals needed for an offshore wind project, which was awarded a contract for offshore wind renewable energy credits (ORECs) by NYSERDA. Along with our co-counsel on environmental issues, Barclay Damon is developing the Article VII application materials for the offshore wind project. We are also assisting in its participation in the NYISO Class Year facilities study process.
  • Represents a power generation company as its NYS Public Service Commission counsel with respect to the interconnecting transmission lines and regulatory siting approvals needed for an offshore wind project, which was awarded a contract for offshore wind renewable energy credits (ORECs) by NYSERDA. Along with our co-counsel on environmental issues, Barclay Damon is working with the client to develop Article VII application materials for its offshore wind project.

Prior Experience

  • Gilberti Stinziano Heintz & Smith, P.C., Case Manager
  • Law Offices of Kevin J. Brown, Case Manager
  • Devorsetz Stinziano Heintz & Smith, P.C., Case Manager
  • Syracuse Research Corporation, Analytical Chemist

Selected Community Activities

  • Onondaga County Bar Association Volunteer Advocate Lawyer for Animal Abuse Court (VALAC), Member

Featured Media

Alerts

Website Accessibility Lawsuits: Mizrahi Kroub LLP, Attorneys for Serial Tester Plaintiffs, Now Targeting Businesses in New York State Court

Alerts

NYS Governor Hochul Vetoes Proposed Grieving Families Act

Alerts

New Notification Requirements for Industrial Development Agencies

Alerts

HHS OCR Bulletin: Health Care Providers' Websites and Apps Could Contain HIPAA-Noncompliant Tracking Technologies

Alerts

EPA Finalizes Waters of the United States Rule

Alerts

New York State's Highest Court Rejects Untimely $2.4 Million Claim for Reformation of Insurance Policy

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