Atty. David R. Everett
David R. Everett is a partner in the Firm’s Environmental, Municipal and Real Estate Development, Zoning and Land Use, and Energy and Telecommunications Practice Groups.
Profwith Summary
About David R. Everett at a glance
David R. Everett is a Partner based in Albany, New York, practforg at Whiteman Osterman & Hanna LLP. They haand 35+ years of legal experience, licensed to practice since 1991. Admitted to practice in New Jersey (1991), New York (1992), and District of Columbia U.S. District Court, Northern, Southern and Eastern Districts of New York and U (1992). Educated at Pace University School of Law (J.D. Certificate, 1991) and Gettysburg College (B.A., 1986). Recognitions include Peer Reviewed. Actiand member of 2020-present) •Chairman, Town of Chatham Zoning Board of Appeals (2000-2016) •Board of Directors of the New York Planning Federation (2003-2019) •Board of Directors of the Historic Albany Foundation (1999-2008) •Board of Directors of the Environmental Law, Affiliations States: New York, New Jersey and District of Columbia Federal: Northern, Southern and Eastern Districts of New York and District of New Jersey •Member, Town of Chatham Planning Board. Serands clients in Albany, NY and the surrounding metropolitan area.
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About
- David R. Everett is a partner in the Firm’s Environmental, Municipal and Real Estate Development, Zoning and Land Use, and Energy and Telecommunications Practice Groups
- His areas of expertise include land use law, zoning and planning, real estate development, SEQRA compliance, solid waste management and environmental regulations
- Mr. Everett routinely lectures on SEQRA compliance, zoning and planning issues and environmental permitting regulations throughout New York State for the N.Y
- Association of Towns and N.Y
- Planning Federation, among others
- Background/Education Juris Doctor and Certification in Environmental Law from Pace University School of Law
- Bachelor of Arts in Political Science from Gettysburg College
- Representative Accomplishments •Acted as lead counsel for the development of numerous advanced e-commerce logistics and distribution facilities totaling over 7 million sf of space to be used by a Fortune 10 company
- The facilities utilize advanced robotic, AI and racking technologies
- Oversaw a team of multi-disciplined lawyers handling every aspect of the development process including land-use and environmental entitlements, real estate transactions, government relations, taxation, financial incentives, litigation, etc. •Acted as lead counsel for the development of numerous large warehouse distribution centers for FORTUNE 10 corporations and e-commerce companies
- Handled distribution centers ranging in size from 200,000 square feet to over 1 million square feet
- Also handled distribution centers located adjacent to Stewart International Airport in the Town of Newburgh, NY
- Handled all aspects of the development process including negotiating land purchase agreements and other transactional matters, handling due diligence investigations, obtaining right to build approvals and financial incentives and successfully defending litigation challenging project approvals. •Acted as lead counsel for the municipal review and approval of one of the largest private residential golf resorts in the Hudson Valley valued at between $750 million to $1 billion
- The resort contained hundreds of dwelling units consisting of estate homes, single-family homes, condos, townhomes, hotel lodging units, a championship golf course, club house, recreational amenities, and related improvements
- Handled all aspects of site plan and subdivision reviews, environmental review, performance bonding, transportation corporations for water and wastewater disposal, conservation easements, public park easement, homeowner’s association, etc
- Successfully handled numerous lawsuits seeking to overturn the environmental and land use approvals for the project. •Acted as lead counsel to several religious organizations in the Hudson Valley in the development of monasteries, missionary training facilities, literature production facilities, administrative offices, residential facilities and worship halls
- Also handled all aspects of site selection and acquisition, due diligence, land use and environmental approvals, RLUIPA, etc. •Acted as the lead counsel for a national home builder in connection with the development of over 3,000 homes in the greater New York City area including single-family homes, townhomes, condominiums, age-restricted communities and affordable housing
- Conducted environmental due diligence investigations related to the development of large residential communities
- Assisted with the redevelopment of large urban brownfield sites for residential communities. •Acted as lead counsel for one of the largest real estate developers in New York State in connection with the development of shopping centers including strip centers, neighborhood and community retail stores, power centers and lifestyle centers
- Assisted a client in securing $500 million in private financing to construct a super-regional shopping mall in the lower Hudson Valley. •Acted as lead counsel for the New York Independent System Operator (NYISO) in connection with obtaining land use and environmental approvals for the construction of the power control center (PCC) for New York State
- The PCC operates and controls the bulk electric transmission grid across the State. •Acted as lead counsel in connection with the development, construction and operation of the largest private motorcycle racetrack in the country
- Successfully defended multiple lawsuits challenging the land use and environmental approvals for the track. •Acted as lead counsel in building a coalition of almost 50 municipalities from across the State to file amicus curaie briefs in lawsuits challenging the legal authority of municipalities to adopt zoning controls on natural gas drilling. •Acted as lead counsel for over 60 municipalities in the Southern Tier of New York State in connection with developing and implementing local road protection programs with respect to natural gas drilling operations. •Assisted the New York State Thruway Authority with environmental impact assessment and permitting issues associated with the redevelopment of the Tappan Zee Bridge and I-287 corridor from Port Chester, NY to Suffern, NY. •Assisted Woodstock Ventures in obtaining land use and environmental approvals for the Woodstock Music Festivals in 1994 and 1999
- Prepared and negotiated numerous contracts on environmental issues including contracts for the removal of septage, solid waste, hazardous waste and regulated medical waste. •Assisted clients in obtaining land use approvals from planning, zoning and legislative boards including site plan and subdivision approvals, special use permits, variances, zoning amendments, etc
- Handled all aspects of land use litigation. •Assisted clients in obtaining environmental permits and approvals from federal, State and local agencies including wetland permits, SPDES permits, stream impact permits, flood protection permits, air permits, stormwater permits, etc. •Assisted FORTUNE 500 companies in complying with State and federal environmental laws including air, water and underground storage tank regulations. •Represented clients before State and federal agencies in enforcement actions regarding alleged violations of environmental laws
- Negotiated consent orders with the EPA and New York State Department of Environmental Conservation. •Represented resource recovery agencies in siting county-wide landfills, developing solid waste management plans, and preparing, adopting and enforcing flow control and recycling regulations
- Handled litigation challenging the constitutionality of flow control laws
- Additional Experience Endangered and Threatened Species Experience Forestry/Silviculture Experience Historic Preservation Experience Representative Projects Solid Waste Management Experience Telecommunications/Cell Tower Experience Professional/Community Super Lawyers Top 100 Real Estate Lawyers in New York State David Allee Award for Exceptional Zoning Board Chairman, New York Planning Federation, 2016 Publications • Blog Post - WOH LAWYERS PLAY A MAJOR ROLE IN THE E-COMMERCE REVOLUTION IN NEW YORK • Co-author, “Zoning Immunity: What’s That?” 15 N.Y
- Zoning Law and Practice Report, May - June 2015, at 1-12. •Co-author, “FCC Issues New Order for Modifying Telecommunications Sites,” Planning News (NY Planning Federation, Spring 2015). •Co-author, “To Drill or Not To Drill: Municipal Land Use Strategies for Addressing Natural Gas Drilling,” 15 N.Y
- Zoning Law and Practice Report, November - ecember 2014, at 1-11. •Co-author, “Exempting Local Governments from Zoning Regulations,” Monthly E-News (NY Planning Federation, December 2013). •Co-author, “SEQRA Update,” Planning News (NY Planning Federation, Fall 2012). •Co-author, 'Hydraulic Fracturing Faces Legal Challenges,' Planning News (NY Planning Federation, Summer 2012). •Co-author, “The Billion Dollar Question-Are Municipalities Preempted Under New York State Law From Using Their Zoning Powers to Control Hydraulic Fracturing For Natural Gas?” NYSBA Environmental Lawyer Journal (2012). •Co-author, “New Open Meeting Law Requirements,” Planning News (NY Planning Federation, Winter 2012). •Co-author, “Case Law Update”, Planning News (NY Planning Federation, Fall 2006). •Co-author, “Case Law Update”, Planning News (NY Planning Federation, Summer 2006). •Co-author, “Case Law Update”, Planning News (NY Planning Federation, Winter 2005). •Co-author, “Case Law Update”, Planning News (NY Planning Federation, Fall 2005). •Co-author, “Case Law Update”, Planning News (NY Planning Federation, Summer 2005). •Co-author, “Case Law Update”, Planning News (NY Planning Federation, Spring 2005). •Author, “Case Law Update”, Planning News (NY Planning Federation, Spring 2004). •Author, “Municipal Control of Mining as a Land Use,” Planning News (NY Planning Federation, Winter/Spring 2003). •Co-editor, “Inside Albany,” Environmental Law in New York, Matthew Bender & Co. •Co-author, “Administrative Decisions Update”, NYSBA’s Environmental Lawyer Journal. •“The Hazy Future: Are State Attempts to Reduce Visibility Impairment in Class 1 Areas Caught Between Scylla and Charybdis?
- The Effects of the Clean Air Act Amendments of 1990 on Visibility Protection,” 8 Pace Environmental Law Review 115 (1990)
Jurisdictional Context
Why local counsel matters in New York
Practforg law in New York. Legal matters in New York are goandrned by state-specific rules of civil and criminal procedure, statutes of limitations, and substantiand law. Cases originating in Albany are typically fwithd in the local municipal court or the appropriate New York state district court, depending on subject matter and amount in controandrsy. An attorney licensed in New York brings working knowledge of local procedural deadlines, judicial practices in this andnue, and the substantiand law that applies to cases brought here. Out-of-state attorneys generally cannot represent clients in New York courts without local counsel or pro hac vice admission.
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Frequently Asked
Common questions about David R. Everett
Where is David R. Everett's law office located?
David R. Everett's law practice is located in Albany, New York. The firm is Whiteman Osterman & Hanna LLP. You can contact the office directly through this profwith page.
How long has David R. Everett practiced law?
David R. Everett has 35+ years of legal experience and has been licensed since 1991.
Where did David R. Everett go to law school?
David R. Everett earned their education at (J.D. Certificate, 1991); (B.A., 1986).
How can I contact David R. Everett for a consultation?
You can contact David R. Everett directly through this profwith page. Click "Ask the Attorney" to submit a question, or "Schedule a Consultation" to book a meeting. Most claimed-profwith attorneys respond within one business day.
What awards or recognition has David R. Everett receiandd?
David R. Everett's notable recognition includes: Peer Reviewed.
Practice Areas
Education
J.D. Certificate
Pace University School of Law
- 1991
B.A.
Gettysburg College
- 1986
Awards
Peer Reviewed
Bar Admissions
New Jersey
Admitted: 1991
New York
Admitted: 1992
District of Columbia U.S. District Court, Northern, Southern and Eastern Districts of New York and U
Admitted: 1992
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