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Jack Richard Lebowitz
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Jack Lebowitz’s Legal Cases

12 total


  • Matter of Supkis v. Planning Board, 227 AD2d 779 (Third Dept 1996) http://jackle.bo/XBluOS

    Practice Area:
    Environmental and Natural Resources
    Date:
    May 09, 1996
    Outcome:
    Use variance and SEQR "negative declaration" upheld by mid-level State Appeals court
    Description:
    Upholding use variance for LNG storage and service center, mentioned in McKinney's practice commentaries on Town Law for notable holdings on use variances and SEQR negative declarations. Full text: http://bit.ly/XBluOS
  • Peo. v. Geel, 180 Misc 2d 272 (1999) http://jackle.bo/Txyeew

    Practice Area:
    Environmental and Natural Resources
    Date:
    Mar 17, 1999
    Outcome:
    Local noise ordinance held unconstitutional and struck down. Criminal complaint dismissed.
    Description:
    Supreme Court case striking down, as unconstitutionally vague, attempted application of Town noise ordinance to nighttime deliveries and operations of LNG storage facility approved in Supkis case. Full text: http://bit.ly/Txyeew
  • King v. County of Saratoga IDA, 208 AD2d 194 (Third Dept. 1995) http://jackle.bo/XBlDl8

    Practice Area:
    Environmental and Natural Resources
    Date:
    Jan 26, 1995
    Outcome:
    IDA determination upheld on challenge by Town and citizens group
    Description:
    SEQR review of SEQR review of proposed industrial paper sludge landfill using Saratoga County IDA's powers (since repealed) to override contrary local zoning laws. Full text: http://jackle.bo/XBlDl8
  • Environmental Defense Fund v. Flacke et ano., 96 AD2d 862 (Second Dept. 1983) http://jackle.bo/XBlWfV

    Practice Area:
    Energy & Utilities
    Date:
    Aug 03, 1983
    Outcome:
    PSC and DEC determination upheld on challenge by Environmental Defense Fund
    Description:
    Significant SEQR case on the standard of judicial review for substantive adequacy of EISs relative to the coal conversion of the O&R Utilitiies' Lovett electricity generating plant. Full text: http://bit.ly/XBlWfV
  • Luther Forest Tech. Campus - PDD rezoning for 1,400 acre greenfield site for semiconductor manufacturing (GlobalFoundries)

    Practice Area:
    Land Use & Zoning
    Date:
    Jul 01, 2004
    Outcome:
    All required approvals for long range master plan, PDD regulations and permits granted, including related access road and utility infrastructure. GlobalFoundries "chip" fab Project in Malta constructed and operational in 2012.
    Description:
    Lead environmental counsel for the rezoning of the 1,400 acre Luther Forest Technology Campus in the Towns of Malta and Stillwater near Albany, NY, where GlobalFoundries has located its "Fab 8", investing more than $7 Billion dollars in the largest manufacturing plant construction project from 2010-12 in North America. Handled SEQR Environmental Impact Statement review, enacting complimentary PDD laws in two towns to implement a 20 year master development plan for the site and was co-counsel with National Grid before NYS PSC for construction/operation approvals of two new related 115 kV high-voltage overhead electric power transmission lines, new site access road from interstate and proposed future interstate highway exit (I-87, Ex. 11A) and County Water System referenced in case above. Developed conceptual master plan for greenfield site and helped to overcome substantial public and local official public opposition to PDD rezoning in both towns from "NIMBY" groups and planning boards. Led local zoning feasibility consultation effort with prospective project tenant (Intel Corporation) and semiconductor siting consultants (Abbie Gregg, Inc.).
  • Saratoga County Water Supply and Transmission System - NYS DEC Article 15 Water Supply and SEQR permitting

    Practice Area:
    Administrative Law
    Date:
    Jun 01, 2006
    Outcome:
    County approvals and DEC permits granted.
    Description:
    Environmental counsel for new water supply system for Saratoga County, gaining SEQR environmental review approvals and DEC permits for a new $75 Million water supply system and 27 mile backbone transmission line to serve many towns within the County and the new Luther Forest Technology Campus, where GlobalFoundaries has built a semiconductor manufacturing plant, "Fab 8".
  • Mackay v. NYS Dep't of Environmental Conservation et ano. (Sup. Ct., Albany County, Lynch, J. 2008) http://jackle.bo/Vc9MKL

    Practice Area:
    Environmental and Natural Resources
    Date:
    Apr 22, 2008
    Outcome:
    The County respondents prevailed in both challenges and Court selected me as lead counsel in DEC challenge even though the state Attorney General was the primary Respondent.
    Description:
    Defended Saratoga County as Special Counsel in two Article 78 challenges to the County SEQR environmental review and DEC Water Supply permits for proposed $78 Million water supply system and 28 mile pipeline to serve communities and new GlobalFoundries semiconductor plant in State Supreme Court (Lynch, J.), including defense against a preliminary injunction sought by the Petitioner. Full text: http://bit.ly/Vc9MKL
  • 1980 Winter Olympics Environmental Impact Review

    Practice Area:
    Environmental and Natural Resources
    Date:
    Jan 01, 1977
    Outcome:
    EISs were approved without court challenges
    Description:
    Lead attorney for the development of the draft and Final NEPA environmental impact statements for the XIII Winter Olympic Games in Lake Placid, NY for clients Lake Placid Olympic Organizing Committee and US Department of Commerce. The project was opposed by the Sierra Club - Atlantic Chapter and several Adirondack environmental groups. Drafted controversial sections of the document dealing with proposed highway widening improvements and the visual impact of the large ski jump and whether feasible alternatives to that site existed.
  • Six Flags Great Escape Theme Park Expansion EIS

    Practice Area:
    Environmental and Natural Resources
    Date:
    Jun 01, 2000
    Outcome:
    Planning Board approved EISs and conceptual approvals and community groups did not challenge permits
    Description:
    Coordinated environmental review for expansion of theme park including generic approvals for future attractions within the established theme park, electric power upgrades, pedestrian overpass over state highway, archaeological mitigation and audible noise issues and conceptual future siting of hotel. Three community groups opposed to expansion over noise, and NYDOT over traffic mitigation.
  • Flacke v. Wood et al. (Sup. Ct., Warren County, 2006) http://jackle.bo/XrkaRv

    Practice Area:
    Environmental and Natural Resources
    Date:
    Jun 26, 2006
    Outcome:
    Article 78 petition of neighbors completely dismissed, Hotel, first new lodging built in Lake George in several decades, was built and operating in 2007
    Description:
    Represented developer of new Wingate Hotel on Route 9N in Lake George against neighbor challenge to Town Site Plan and other approvals; neighbors included former Commissioner of NYS DEC, Robert Flacke and his family. Also handled permitting and APA jurisdictional challenge on wetlands, stream protection and archaeological significance (Historic Register eligibility) issues instigated by neighbors. Full text of unpublished trial court opinion (Krogman, J.; not appealed): http://bit.ly/XrkaRv