about

I. Background

Mark T. Sweeney

Partner

• Renewable Energy
• Environment and Energy
• Energy Regulation
• Real Estate Development, Land Use and Zoning
• Litigation

Mark has focused his practice on renewable energy, environmental and energy law as well as real estate development, land use and zoning matters. He has experience assisting clients in securing a wide range of right-to-build approvals for complex and controversial projects such as utility-scale wind farms, solar projects, cellular communication facilities and regional shopping centers throughout New York State. Representing developers and owners before local, state and federal agencies in connection with negotiations and administrative proceedings, Mr. Sweeney handles a variety of complex matters before local town, planning and/or zoning boards of appeal, the NYSDEC and NYS PSC involving permitting or approvals under the State Environmental Quality Review Act, the Clean Water and Clean Air Acts, the NY Public Service Law as well as the Endangered Species Act and federal Bald and Golden Eagle Protection Act.

Mark has acted as counsel for wind and solar developers in all phases of development, including strategic planning, due diligence, state and local regulatory approvals, negotiating contracts such as host community agreements and PILOT agreements, obtaining renewable energy credits through NYSERDA Main Tier solicitations and guiding clients through extensive environmental reviews. His work before the Public Service Commission has included representing transmission owners in the REV Proceeding, securing declaratory rulings for wind and solar developers and other regulatory matters. Mark has extensive experience working on solar energy projects, obtaining permits and approvals, negotiating PPAs, PILOT and land agreements, advising clients on tariff compliance and NYSERDA and Green Bank contracts.

Mark has also assisted municipal boards on various issues pertaining to local government, having acted as town attorney as well as attorney for planning boards and Zoning Boards of Appeal. Mark has represented municipalities, developers and residents in a variety of Article 78 proceedings involving challenges to permits and approvals obtained on behalf of clients or attacking land use approvals on behalf of impacted residents or municipalities. Mark has experience in insurance defense and subrogation litigation having represented carriers in both third party liability cases as well as first-party coverage cases including arson and bad faith claims. He has represented clients in administrative and enforcement proceedings before the NYSDEC including cases involving hazardous waste contamination, mining permits and wetlands permits.

Mark regularly speaks and/or provides training to municipal officials to the NY Planning Federation, the NY Association of Towns and the NYS Association of County Attorneys on a number of renewable energy, environmental and SEQRA related topics. Mark regularly presents on relevant topics to business and industry groups such as renewable energy policy and opportunities, smart cities, current trends in land use and development.

Admissions

New York

U.S. District Court for the Northern District of New York

Education

B.A. Economics, College of the Holy Cross, 1991

J.D., Albany Law School of Union University, 1995

News

Industry Roundtable: Energy

Albany Business Review, March 26, 2018

Recent Presentations

Hodgson Russ Municipal Law Seminar, 2018

Solar Energy Development and Taxation

NY Planning Federation Annual Meeting, 2018

Zoning Issues for Solar Energy Development

US Cleantech Market Intelligence Webinar, 2018

Impact of Trump Era Deregulation on Renewable Energy Development

NY Association of Towns Annual Meeting, 2018

Smart Cities

Hodgson Russ Municipal Law Seminar, 2016

Water Contamination and Safe Water Drinking Act Compliance

NY Association of County Attorneys, 2014

Local Road Protection from Fracking Related Traffic

NY Planning Federation Training for Municipal Officials, 2009-2014

SEQRA and Land Use Law 101

NY Association of Towns Annual Meeting, 2007

Wind Energy Development in New York

Publications

PSC Expands VDER Project Size to 5 MWs: Still Work to Do

HR Renewable Energy Alert, March 20, 2018

New York Solar Energy Facility Real Property Tax Update

Have You Filed Your Real Property Tax Exemption Applications?

HR Clean Tech Alert, February 28, 2018

New York Solar Energy Facility Real Property Tax Update

NYSERDA Adds Property Tax Calculator to Municipal Solar Toolkit

HR Cleantech Alert, February 23, 2018

New York is Proposing Changes to its Alcohol Licensing Rules

HR Manufacturing Alert, February 9, 2018

Community and Pro Bono

Bethlehem Central Athletic Association, President 2016 to present, First Vice President 2014-2016

Bethlehem Soccer Club, Board of Directors 2005-2012, President, 2009-2012

Bethlehem Soccer Club Indoor Facility Development Committee, 2013-2014

Volunteer at Double H Hole in the Woods Community Clean up Days

St. Thomas the Apostle Church, Delmar, New York