This attorney has been selected for the recognitions mentioned herein, which have been conferred by the corresponding publications and/or organizations noted. An overview of the award selection methodologies for these recognitions can be found at https://www.gibbonslaw.com/awards. Links to certain specific methodologies are embedded in individual entries. Results may vary depending on your particular facts and legal circumstances. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Mr. Pomeroy is an environmental attorney and risk management professional with broad experience, a multifaceted skill set, and a pragmatic approach to problem-solving for his clients. His extensive track record involves identifying and mitigating environmental risks in complex commercial transactions – including real estate acquisitions, sales and leases, mergers and acquisitions, loans and loan foreclosures, and commodities contracts – as well as in remediation and development of contaminated sites. He also advises clients on environmental insurance review and placement, corporate environmental policies and procedures and disclosures, climate change and green and sustainable energy issues, project and facility permitting matters, and environmental compliance and litigation.
In particular, Mr. Pomeroy counsels clients with regard to remediation, brownfields, and Superfund projects undertaken in accordance with New York’s Brownfields Cleanup Program, New Jersey’s Industrial Site Recovery Act, New Jersey’s Site Remediation Reform Act, and New York City’s Voluntary Cleanup Program. Additionally, he is an experienced litigator in CERCLA and state-based cost recovery, toxic tort claims, and challenges to actions by administrative agencies and government regulators. Further, he is a frequent speaker and recognized thought leader on ESG issues and New York City’s Climate Mobilization Act.
Areas of Focus
Climate Mobilization Act/LL97
A recognized thought leader and frequent writer and speaker on New York City’s landmark Climate Mobilization Act and Local Law 97 (LL97), a key part of the Act, Mr. Pomeroy has extensive experience advising clients on:
- Compliance with the LL97’s greenhouse gas (“GHG”) emissions limits for buildings applications for adjustments to LL97’s GHG emissions limits
- Lobbying of the Mayor’s Office of Sustainability and the New York City Department of Buildings for favorable rulemaking and interpretations
- Due diligence issues related to the Act that impact buyers and sellers of commercial real estate
- Drafting and negotiation of LL97 lease provisions
- Commercial Property Assessed Clean Energy (C-PACE) financing issues
- Review and appeal of Building Energy Efficiency Grades
- Requirements for the metering and sub-metering of tenant spaces
- Long-term capital planning for energy efficiency retrofits
Representative matters, among others, include representing a large multinational telecommunications company with more than 50 covered buildings in New York City regarding LL97 adjustments, interpretations, rulemaking, compliance, and lease issues; representing a large life sciences company with more than 1 million square feet of rentable space in Manhattan regarding LL97 compliance issues; advising the owner of more than 11,000 residential units in Manhattan with respect to LL97 compliance, including implications for the client’s gas powered cogeneration facility; drafting LL97 lease provisions for the major owner of retail shopping centers in New York City; and advising the owner of a landmark New York City grocery store in an appeal of a Building Energy Efficiency Grade.
Credentials
Education
Elisabeth Haub School of Law at Pace University (J.D., cum laude)
- Environmental Certificate
- Executive Articles Editor, Pace Law Review
State University of New York at Albany, Nelson A. Rockefeller School of Public Affairs and Policy (B.A., Political Science)
Professional Admissions
State of New York
State of New Jersey
Professional Activities
Fellow, American College of Real Estate Lawyers
Civic/Charitable Activities
Chairman, Sullivan County Legislature, 1996 – 2002
Legal Employment
Special Counsel, Stroock & Stroock & Lavan LLP, New York, NY, November 2019 – December 2023
Of Counsel, Beveridge & Diamond, P.C., New York, NY, April 2016 – November 2019
Executive Environmental Counsel – Divestitures, Global EHS Leader, Environmental Counsel, GE Capital, Norwalk, CT, December 2008 – December 2015
Associate, Paul, Hastings, Janofsky & Walker LLP, New York, NY, November 2006 – December 2007
Associate, Beveridge & Diamond, P.C., New York, NY, November 2003 – November 2006
Law Clerk, Municipal/Land Use Group, Jacobowitz & Gubits, LLP, Walden, NY, June 2002 – November 2003