Local and State Government Law Section

8:45 a.m. – 8:50 a.m.

Welcome and Introduction

Announcement of the Carol Van Scoyoc Award

8:50 a.m. – 9:00 a.m.

General Business Meeting

9:00 a.m. – 9:50 a.m.

The Changing Landscape of Environmental Permitting in New York State: How to Navigate the Disadvantaged Communities Siting Law

This presentation dives into the mechanics and implications of this nation-leading environmental justice mandate, often referred to as the Cumulative Impacts Law or the Disadvantaged Communities Siting Law. We will explore how this law fundamentally changes the permitting landscape for projects across New York State by requiring lead agencies and project sponsors to consider disproportionate impacts as part of the environmental review process under SEQRA and requiring the Department of Environmental Conservation to consider the existing, cumulative pollution burdens in disadvantaged communities (DACs) before issuing new or renewed permits. Learn what criteria define a DAC, the role of the new Disadvantaged Community Assessment Tool (DACAT), and how this pivotal regulation aims to prevent the disproportionate siting of polluting facilities in communities that have historically borne the heaviest environmental health burdens.

Speaker

Thomas S. Berkman, Esq. | Hodgson Russ LLP

1.0 MCLE Credit in Areas of Professional Practice

9:50 a.m. – 10:40 a.m.

Getting Employees Back In, Or Out The Door: Controlling Sick Leave, Workers’ Compensation and Other Potentially Long-Term Absences

Municipal employers can get their absent employees back to work or removed from their jobs so that they can be replaced by full-duty workers. The question is “how” can they successfully do it? This presentation provides strategies and mechanisms for accomplishing that goal while complying with employees’ multiple legal rights and protections. Topics to be discussed include, among others, New York Civil Service Law Sections 71, 72 and 73; Civil Service Law Section 75 and related disciplinary hearing-related statutes; General Municipal Law Sections 207-a and 207-c; collective bargaining agreements; Education Law Section 913; and inherent management rights, all in the context of related case law and PERB and arbitration precedent.

Speaker

Richard K. Zuckerman, Esq. | Keane & Beane P.C.

1.0 MCLE Credit in Areas of Professional Practice

10:40 a.m. – 10:55 a.m.

Break

10:55 a.m. – 12:10 p.m.

Navigating a Ransomware Attack - Dark Web Surfing, Threat Actor Negotiation and Cyber Liability Coverage - Oh My!

Ransomware attacks have evolved into a professionalized, multi-billion dollar threat, making cyber extortion a constant reality for organizations worldwide. This presentation offers an essential, two-part guide to managing a modern cyber crisis. We will dive into the immediate, high-stakes process of Threat Actor Negotiation, exploring critical decision points like the “to pay or not to pay” dilemma, best practices for engaging with ransomware-as-a-service (RaaS) affiliates, and key intelligence to gather during communication to protect your data and minimize financial impact. Then we will discuss cyber liability insurance, clarifying what first-party costs (like forensic investigation, data restoration, and often the ransom payment itself) and third-party liabilities (regulatory fines and legal defense) are covered. We will outline strategies to maximize your policy’s utility and discuss how the negotiation process intersects with, and is often dictated by, your insurance coverage, ensuring a resilient and compliant post-attack recovery.

Speaker

Jessica L. Copeland, Esq. | Bond Schoeneck & King PLLC

Christine Wiktor | Gallagher Insurance Agency

Adam Hart | Charles River Associates

1.5 MCLE Credits in Cybersecurity, Privacy and Data Protection – General

12:10 p.m. – 1:20 p.m.

Lunch on Your Own

1:20 p.m. – 1:45 p.m.

Update on Climate Leadership and Community Protection Act Implementation

New York has adopted some of the most aggressive energy transition goals, primarily through the Climate Leadership and Community Protection Act (“CLCPA”). But the state is falling short of its CLCPA goals and was recently ordered by state Supreme Court to bring its regulatory efforts back on schedule. This session will examine the state of CLCPA compliance and potential watering down of its mandates by the Legislature.

Speaker

Drew Gamils, Esq. | Riverkeeper

0.5 MCLE Credit in Areas of Professional Practice

1:45 p.m. – 2:10 p.m.

Empowering Local Government: Home Rule and the Evolving Challenges of Local Regulation and the State’s Superseding Power

New York’s “Home Rule” Law is the foundational, yet often contentious, legal framework that dictates the distribution of power between the State Legislature and local. This presentation provides a comprehensive deep dive into the promise, power, and limits of local self-governance in New York. We will explore the historical context of the 1963 Home Rule Amendment, analyze the crucial distinction between general laws and special laws, and examine the constitutional grants of power that allow local municipalities to legislate on their own property, affairs or government. Furthermore, we will dissect key judicial doctrines—such as the complex “substantial state interest” test and the preemption doctrine—that often define where local authority ends and state supremacy begins, offering a critical understanding of the forces shaping New York's intergovernmental relations today.

Speaker

Jacob H. Zoghlin, Esq. | Underberg & Kessler LLP

0.5 MCLE Credit in Areas of Professional Practice

2:10 p.m. – 3:00 p.m.

Don’t Zone Out: Current Cases and Topics in Land Use Law

The area of land use law continues to evolve in New York. Join us as we delve into current cases, legislative reforms, and emerging trends shaping land use law in New York. This session is critical for practitioners, municipal officials, and developers, focusing on real-world challenges and opportunities. This will include discussion of the 2025 Uniform Code updates, the public utility variance standard as applied to renewable energy projects, SEQRA, FOIL, code violations in the context of property tax exemptions, and other recent developments.

Speaker

Noelle C. Wolfson, Esq. | Hocherman Tortorella & Wekstein, LLP

Henry A. Zomerfeld, Esq. | Hodgson Russ LLP

1.0 MCLE Credit in Areas of Professional Practice

3:00 p.m. – 3:15 p.m.

Break

3:15 p.m. – 4:05 p.m.

The Propriety of the Appearance of Impropriety Standard

The program will analyze and compare the “catch-all” standards of conduct under Public Officers Law § 74, General Municipal Law Art. 18, New York City Charter Ch. § 2606(d), the Rules of the City of New York, Title 53, §1-13, 22 NYCRR Part 100 (Judicial Conduct), the New York Rules of Professional Conduct, and common law.

Speaker

Steven G. Leventhal, Esq. | Leventhal, Mullaney & Blinkoff, LLP

1.0 MCLE Credit in Ethics and Professionalism

4:05 p.m. – 4:15 p.m.

Closing Remarks