Jack R. Lebowitz jack@netspace.org Virtual Business Card Practice Areas: Environmental Land Use & Zoning

Jack Lebowitz has practiced environmental and utilities law in New York State for over 30 years.  His specialty is environmental impact assessment and facility permitting for controversial large-scale projects such as the Luther Forest Technology Campus (LFTC), intermediate chemical production plants, solid waste landfills, regional shopping malls, hotels, theme parks and similar industrial and commercial facilities.  He drafted the applicant's proposed PDD (zoning) regulations for the proposed LFTC which were substantially adopted (with some changes) by the two Towns in which the LFTC is located.  He is currently providing advice and assistance to the County of Saratoga in connection with the environmental review of the proposed County Water Project, an intake and treatment plant on the Hudson River with a 28 mile backbone pipeline.

Significant reported cases upholding challenged permits in which Mr. Lebowitz was counsel before the permitting agency and/or appellate counsel include King v. County of Saratoga IDA, 208 AD2d 194 (Third Dept 1995); Matter of Supkis v. Planning Board, 227 AD2d 779 (Third Dept 1996) [upholding use variance]; and People v. Geel, 180 Misc.2d 272 (1999) [striking down, as unconstitutionally vague, attempted application of Town noise ordinance to nighttime deliveries and operations]; Environmental Defense Fund v. Flacke, 96 AD2d 862 (Second Dept 1983), a significant SEQR case on the standard of judicial review for substantive adequacy of EISs.

Mr. Lebowitz is admitted to practice in the State of New York, the State of Massachusetts, and the State of New Jersey. He is admitted to practice before the United States District Court for the Northern District of New York; the United States District Court for New Jersey; the United States Court of Appeals, Second Circuit; and the United States Supreme Court. He is a member of the New York State Bar Association and its Environmental Law Section.  He is also cofounder, director and counsel to the Mockingbird Foundation and the Netspace Foundation.