Danielle Mettler-LaFeir

Practice Areas

• Environmental

• Energy

• Cannabis

Career

Danielle’s practice involves compliance, permitting, transactional, and litigation work under various environmental statutes. She has extensive experience handling Clean Air Act and Clean Water Act permitting and compliance at the state and federal levels, advising clients primarily in the energy and manufacturing sectors. Danielle’s capabilities include state and federal legislative and regulatory initiatives to combat climate change, including experience advising clients on New York’s Climate Leadership and Community Protection Act (CLCPA).

Professional Memberships

• American Bar Association

• Monroe County Bar Association

• New York State Bar Association

• Air & Waste Management Association

• YWCA of Rochester & Monroe County

• Barclay Damon’s Women’s Forum

Publications

• Law360, “NY Needs Policy Alignment to Meet Energy Storage Goals”

• Law360, "A Path to New York's Energy Storage Goal"

• The Electricity Journal, "New EPA Carbon Rules Change Outlook for Future Mix of Fuels"

• Law360, "EPA Rule Set To Cap Growth Of Power Plant Emissions"

• The Legal Impact of Climate Change: Leading Lawyers on Preparing for New Environmental Legislation, Assessing Green Programs for Clients, and Working with Government Agencies on Climate Change Issues (Inside the Minds), "Climate Change Issues Affect Corporate Risks and Opportunities," 2008

• Barclay Damon LLP, “NYSDEC Finalizes Two Policies on Air Pollution Control Enforcement Actions”

• Barclay Damon LLP, “New York State Finalizes CLCPA Scoping Plan”

• Barclay Damon LLP, “NYSDEC Releases Final CLCPA Interpretation for Air Permits”

• Barclay Damon LLP, “NYSDEC Modifies Regional Greenhouse Gas Initiative Regulations, Reducing the Emissions Cap and Expanding Applicability”

• Barclay Damon LLP, “NYSDEC Releases Proposed Guidance Establishing Social Value of Greenhouse Gas Emissions”

Expert in these Jurisdictions

• New York

• NYSDEC Finalizes Two Policies on Air Pollution Control Enforcement Actions

• New York State Finalizes CLCPA Scoping Plan

• NYSDEC Releases Final CLCPA Interpretation for Air Permits

• NYSDEC Modifies Regional Greenhouse Gas Initiative Regulations, Reducing the Emissions Cap and Expanding Applicability

• NYSDEC Releases Proposed Guidance Establishing Social Value of Greenhouse Gas Emissions

Languages Spoken

English

Experience

• Counseled parties in federal pipeline proceedings with the Federal Energy Regulatory Commission related to required environmental approvals and conditions, including 401 Water Quality Certifications and Clean Air Act General Conformity.

• Provided environmental counsel in Article 7 proceedings with the NYS Public Service Commission and NYS Department of Environmental Conservation.

• Counseled utilities and pipeline companies regarding environmental impact reviews with the NYS Public Service Commission pursuant to Article 7 and Article 10.

• Represented utilities on issues associated with stationary air emissions, including New Source Review (NSR)/Prevention of Significant Deterioration (PSD) Review, emission trading, general conformity, and hazardous air pollutants.

• Represented electric generators in obtaining new, modified, and renewed Clean Air Act preconstruction and Title V operating permits.

• Represented electric generators in the renewal of State Pollution Discharge Elimination System (SPDES) permits for electric-generating facilities. related to Best Technology Available (BTA) for cooling water intake structures required by 316(b) of the Clean Water Act and 6 NYCRR 704.5.

• Counseled a client in preparing for obtaining an industrial hemp growing license, including citing, materials, and an agriculture application.

• 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.

• Represents an interstate-pipeline company proposing an approximate $1 billion expansion of its existing infrastructure in Pennsylvania, New York, and New Jersey.

• Providing strategic advice to an energy storage projects developer on the replacement of more efficient and cleaner turbines at an existing generating facility, including securing the necessary permit modifications to enable the project to go forward and interfacing with NYSDEC and other state and local agencies to secure the necessary permits and approvals in a timely manner.

• Represents an energy storage projects developer in handling all aspects of the projects, including counseling on all siting and permitting issues to ensure the most efficient and successful project development while preserving the in-service dates as well as interfacing with key regulators.

Education

Awards