Ed McTiernan is an environmental litigator who focuses on state and federal regulatory issues including site remediation, Brownfield redevelopment, natural resource damages, energy and infrastructure projects, as well as environmental permitting and due diligence in support of real estate development and energy infrastructure. He represents clients on a wide range of matters under the Clean Water Act and Oil Pollution Control Act, federal and state Superfund programs, emerging contaminants, and the National Environmental Policy Act, as well as the New York Environmental Quality Review Act.

In 2011, Mr. McTiernan was appointed to the New York State Department of Environmental Conservation by Governor Andrew Cuomo where he served as Deputy Commissioner and General Counsel. In that capacity, he was responsible for enforcement, rulemaking, and major policy initiatives including the review and permitting of transportation and energy projects, Article 78 proceedings challenging agency action, as well as citizen action suits, CERCLA cost recovery claims and permit proceedings. Mr. McTiernan supervised a team of 90 attorneys in nine regional offices, and coordinated with federal agencies and national environmental advocacy groups on a number of controversial projects. In addition, he directly supervised the state's docket of environmental litigation, enforcement proceedings, and policy initiatives.

Prior to his public service, Mr. McTiernan was in private practice for more than two decades. He also served as a team leader for a New York/New Jersey regional law firm's environmental practice where he represented Fortune 100 corporations and multi-nationals in state and federal court. Representative assignments included defending clients in administrative proceedings and litigation in numerous site remediation matters; serving as special litigation counsel to the New Jersey Meadowlands Commission in connection with the condemnation and remediation of an orphan landfill; appearing before the New Jersey Supreme Court in connection with an appeal of remediation standards; assisting the American Bakeries Association negotiate a nationwide Clean Air Act partnership program with USEPA. Served as a private mediator in environmental disputes.

Recognition

Best Lawyers
"Lawyer of the Year"–Environmental Law (New York)
Environmental Law and Natural Resources Law (2011, 2021)
Litigation - Environmental (2021)
The Legal 500 US
Environment: Regulatory (2016-2017)
Chambers USA
Environment (2006-2011)
More

Credentials

Education
  • JD, Seton Hall University School of Law, 1987
  • MS, State University of New York College of Environmental Science and Forestry, 1980
  • BS, Biology, Fordham University, 1978
Admissions
  • New York
  • New Jersey
  • US Court of Appeals for the Third Circuit
  • US District Court, District of New Jersey
  • US District Court, Southern District of New York
  • US District Court, Eastern District of New York
  • US District Court, Western District of New York
Government & Military Service
  • Deputy Commissioner and General Counsel, New York State Department of Environmental Conservation
Activities
  • Past Chair, Environmental Section of the New Jersey State Bar Association

  • New York State Bar Association/Environmental Committee, Member Executive Committee, 2012 - Present; Member, 1987 - Present

  • Member, Environmental Section of New York City Bar Association

  • Fellow, American College of Environmental Lawyers

Overview

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