Phillips Lytle LLP

One Canalside 125 Main Street
Buffalo, NY 14203, United States

  • (716) 847-8400
  • (716) 852-6100

NYS Brownfield Cleanup Tax Credit Program To Be Extended

At the conclusion of its annual 2013-14 session, the New York State Legislature passed an extender (S. 7878) to the New York State Brownfields Cleanup Program (BCP) tax credits…more
| Environmental Law, Real Estate - Commercial, Real Estate - Residential, Taxation

Fracking Alert: Home Rule Prevails In New York's Highest Court

On Monday, New York’s Court of Appeals, its highest court, upheld the power of municipalities to prohibit hydraulic fracturing (“fracking”) within their boundaries…more
| Civil Procedure, Conflict of Laws, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

What does the Supreme Court’s UARG decision mean for you?

In a highly anticipated decision last week, the Supreme Court struck down a portion of EPA’s so-called Tailoring Rule for greenhouse gas emissions. By its Tailoring Rule, EPA had attempted to regulate certain stationary sources…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

EPA To Consider Mandatory Disclosure Of Chemicals Used In Fracking Fluids

In what is considered a first step towards requiring natural gas drillers to disclose the chemical constituents of hydraulic fracturing fluids, EPA recently released an Advanced Notice of Proposed Rulemaking seeking public…more
| Energy & Utilities, Environmental Law

Restructuring New York State's Utilities

New York State’s electric industry may undergo a drastic transformation. Recently, the New York State Public Service Commission (“Commission”) issued its Reforming the Energy Vision, NYS Department of Public Service Staff…more
| Energy & Utilities

SCOTUS Upholds EPA's Good Neighbor Provision, To Relief of Downwind States

National Ambient Air Quality Standards, or NAAQS, can be hard enough for states to attain given the sources of air pollution within their own borders. But add cross-boundary air pollution from upwind states to the mix, and…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law

University Job Placement Rates Come Under Scrutiny

Higher education institutions face mounting pressure from prospective students, accrediting agencies and financial aid providers to disclose graduates’ job placement rates. Several recent high-profile legal battles have called…more
| Education

New York City’s New Sick Leave Law

Beginning on April 1, 2014, NYC employers with at least 20 employees must provide employees with five days (40 hours) of annual paid sick leave. The Earned Sick Time Act (Intro. No. 97-A) (the “Act”), originally passed in May…more
| Labor & Employment Law

Why Tax-Exempt Organizations Should Plan for Joint Ventures

Non-profit organizations, which are exempt from federal income tax under Internal Revenue Code section 501(c)(3) (each a “Tax- Exempt Organization”), may find it necessary or beneficial for their operational goals to enter into…more
| Business Organizations, Taxation, Nonprofit Law

ADA Applies to Students with Food Allergies on University Campuses

In 2013, the Department of Justice announced a landmark settlement with Lesley University (“Lesley” or the “University”) in Cambridge, MA. Stemming from complaints about the University’s treatment of students with food allergies…more
| Civil Rights, Education

After Boardwalk: The IRS Issues Safe Harbor Guidance for Historic Tax Credit Transactions

Immediately upon its publication, The United States Court of Appeals for the Third Circuit’s decision in Historic Boardwalk Hall, LLC v. Commissioner, 694 F.3d 425 (3d Cir. 2012), cert. denied, 133 S. Ct. 2734 (2013) put…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Taxation, Real Estate - Commercial

Mortgage Recording Tax Implications for Mortgages Securing Revolving Credit Lines

In New York, a mortgage recording tax must be paid when a mortgage is recorded. The amount of the mortgage tax is equal to a percentage of the principal amount of the indebtedness secured by, or which may be secured by, the…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Taxation, Real Estate - Commercial

Unauthorized UCC Termination Filings No Longer Effective — Commentary on Recent Bankruptcy Decision

Article 9 and the Life of a UCC Financing Statement - Article 9 of the Uniform Commercial Code (UCC) provides the process by which a secured lender obtains, perfects and enforces a security interest in a debtor’s assets…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking

EPA Finalizes Emissions Standards for Vehicles and Fuel

This week, EPA finalized its Tier 3 emission standards designed to reduce air pollution from passenger cars and trucks. The rule establishes new vehicle emissions standards and reduces the sulfur content of gasoline by…more
| Energy & Utilities, Environmental Law, Transportation

NYSDEC Announces Streamlined Procedures for Environmental Easements

On February 20, 2014, the New York State Department of Environmental Conservation (“NYSDEC”) announced streamlined procedures for environmental easements. There has been a significant push from the regulated community for…more
| Environmental Law, Zoning, Planning & Land Use, Real Estate - Commercial
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