Yvonne Hennessey

Practice Areas

• Energy

• Environmental

• Regulatory

• Oil & Gas

• Renewable Energy

• Linear Infrastructure

• Energy Markets

• Lobbying & Election Law Compliance

Career

Yvonne is chair of the firm’s Environmental Practice Area and co-leader of the firm’s Oil & Gas, Linear Infrastructure, and Energy Markets Teams. She provides counsel to a diverse array of energy clients, including electric power generators, electric transmission, and interstate and intrastate natural gas pipelines. Yvonne is known for her key insight and strategic advice on project siting and high-profile regulatory litigation in both administrative and judicial forums. She speaks and writes on a regular basis throughout the country.

Professional Memberships

• New York State Bar Association, Environmental and Energy Law Section, Chair

• Capital District Women’s Bar Association, Member

• Northern District of New York Federal Court Bar Association, Past-President

• Women's Bar Association of the State of New York, Member

• Independent Oil & Gas Association of New York, Member

• Institute for Energy Law, Advisory Board Member

• Institute for Energy Law, Oil & Gas E-Report, Editor

• Barclay Damon’s Women’s Forum, Member

Publications

• LexisNexis Environmental Law in New York Newsletter, “Opposition to Natural Gas Pipelines Following New York’s ‘Fracking’ Ban”

• Law360, “New York’s Fracking Ban: Politics Under the Veil of ‘Science’”

• Law360, “Trump Nationwide Permit Move Could Interrupt Pipeline Suit”

• Barclay Damon LLP, “End of An Era: SCOTUS Overturns Chevron After 40 Years of Deference to Administrative Agencies”

• Barclay Damon LLP, “EPA Lists Two New ‘Forever Chemicals’ Under CERCLA”

• Barclay Damon LLP, “Proposed NYS Budget Includes Major Changes to ORES and Transmission Siting”

• Barclay Damon LLP, “NYS Governor Hochul Embraces Green Energy in Annual State of the State Address”

• Barclay Damon LLP, “NYSDEC Seeks Input on Impending Changes to State Wetland Rules”

Personal

• St. Pius X School, Board of Trustees Member

• Girl Scouts of America, Cookie Manager

• Northeastern New York Susan G. Komen Race for the Cure, Former Walk Director and Corporate Sponsorships Co-Chair

Expert in these Jurisdictions

• New York

• Pennsylvania

• Massachusetts

• US Court of Appeals for the Second Circuit

• US District Court for the District of Massachusetts

• US District Court for the Eastern District of New York

• US District Court for the Northern District of New York

• US District Court for the Southern District of New York

• US District Court for the Western District of New York

Languages Spoken

English

Experience

• Serves as lead counsel to the Onondaga County Industrial Development Agency (OCIDA) on the expansion of the White Pine Commerce Park in Clay, New York, in support of the planned $100 billion Micron semiconductor chip-manufacturing facility. Coordinated the Final Supplemental Generic Impact Statement for the expansion of the commerce park and played a significant role in the site-selection process and negotiations with Micron on its selection of the White Pine Commerce Park.

• Serves as co-lead counsel to the SEQRA lead agency in support of the environmental review of Micron’s proposed $100 billion semiconductor chip manufacturing facility.

• Coordinated the successful litigation defense of environmental groups' challenge to the resumption of operations of a coal-fired electric generating facility on natural gas as its primary fuel source.

• Successfully secured the pre-answer dismissal of a CERCLA action brought in the Northern District of New York that resulted in greatly expanded precedent for NY federal courts regarding the pleading standard for CERCLA claims.

• Successfully defended Title IV and Title V air-permits issued by the NYS Department of Environmental Conservation as well as its environmental review under SEQRA for the resumption of operations on natural gas at an electric-generating facility historically operated on coal.

• Represents an interstate-pipeline company proposing to expand its existing infrastructure in Pennsylvania, New York, and New Jersey.

• Represented a major energy company in litigation involving preemption under the Federal Power Act.

• Represented a large interstate-pipeline company and industry working group before the US Army Corps of Engineers to help streamline the permitting process for linear energy projects.

• Successfully settled a CERCLA action concerning alleged radioactive-waste contamination.

• Successfully defended a landfill operator in a legal challenge to a NYS Department of Environmental Conservation permit and the associated environmental review focusing on alleged noise impacts before the lower court and on appeal.

• Participated in all aspects of federal and state permitting processes, including Title V and state pollution-discharge elimination-system permitting and in-depth environmental reviews under SEQRA, for multiple solid-waste-management facilities.

• Represented an energy company in response to a state administrative-agency subpoena and negotiated an acceptable limit to the required response.

• Represented a retail energy-service company in cybersecurity proceedings before a state regulatory commission.

• Engaged in a thorough audit of a major energy provider’s election and lobbying-law compliance and provided similar companies with legal advice as to permissible election and lobbying activities.

• Involved in the 2008 amendments to New York’s Environmental Conservation Law to accommodate shale development in New York, including the Marcellus and Utica shales.

• Represented the current owner of a state Superfund and hazardous-waste site in disputes with the NYSDEC relative to the need for additional site remediation as well as with prior site owners regarding the contractual responsibility for clean-up.

• Successfully settled claims under RCRA as well as common law negligence and willful and wanton misconduct based on the placement of Corelle Brands' glass cullet on a neighboring property by co-defendant Doug Gross Construction, a hauler contracted by Corelle.

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

• Secured pre-action dismissal of CERCLA and related state laws related to a company's installation of gas and electric utilities with earth-moving equipment that resulted in a persuasive precedent for future cases regarding the appropriate pleading standard for CERCLA cases.

• 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.

• Advised a state agency in its role as an involved agency under SEQRA for a controversial new hospital project, during which we provided strategic advice throughout the environmental review process, including interfacing with the applicant and assisting with the development of a defensible environmental impact statement (EIS), which ultimately led to having all claims in the subsequent legal challenge dismissed against the state.

Education

Awards