Barclay Damon
Barclay Damon

Tom 
     Walsh

Tom Walsh

Partner

p: 585.295.4414

f: 585.295.8443

icon_email twalsh@barclaydamon.com
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Rochester Office

2000 Five Star Bank Plaza
100 Chestnut Street
Rochester, New York 14604

Tom is managing director of Barclay Damon’s Rochester office and a member of the firm’s Management Committee. In his practice, he focuses on all facets of environmental law, providing insight to clients since the seminal statutes in his field were passed in the 1970s and 1980s.

Tom leads an experienced legal team. They handle brownfield cleanups, consent orders, and cost-recovery under federal and state Superfund and oil-spill laws; the purchase and sale of companies and properties with substantial environmental exposure; and the permitting, planning, and zoning of projects with significant environmental impacts.

Tom has represented clients before state and federal agencies on matters as diverse as brownfield redevelopment and tax credits; oil-spill and hazardous-substance remediation; NEPA and SEQRA matters; historic-preservation matters under federal NHPA Section 106 and NYS Section 14.09; coastal-zone consistency, dock licensing, and environmental-restoration projects; and matters involving solid and hazardous-waste regulations, petroleum and chemical bulk storage, release and spill reporting, and Form R and toxic release inventory reporting and defense.

His clients span industries, including utilities, a transportation corporation, several Fortune 500 corporations, mid-cap manufacturers, and numerous small businesses as well as developers, municipalities, and individuals.

Representative Experience

  • At the former Cascade Laundry site, in Brooklyn, New York, we are advising on a project that involves a $135 million development that we put back on track toward year end certificate of completion, where $8 million in refundable state tax credits are at stake.
  • At the former AB Dick site, in Rochester, New York, we advised on a $2 million cleanup that was stalled for two-and-a-half years over access issues. We negotiated the purchase of a contaminated strip of land to allow access and achieved a certificate of completion by shifting monitoring into the site management phase.
  • At the former Brockport Manufactured Gas Plant, in Brockport, New York, we advised on a voluntary cleanup and negotiated a settlement, access, and mitigation agreement with New York State Canal Corporation and Department of Environmental Conservation.
  • In Anchor v. Diaz Intermediates Corp. et al., we successfully defended and settled a $60 million cost-recovery and personal injury suit against a corporate officer resulting from an accidental release of a chlorinated chemical intermediate.
  • In New York State Superfund Coalition, Inc. v. NYS Department of Environmental Conservation et al., we successfully challenged an attempted incorporation by referencing a federal strict liability standard in a state regulation, and obtaining judicial constraints on an otherwise open-ended state cleanup standard.

Practice Areas

Education

  • University of Michigan Law School, J.D., 1985
  • State University of New York, College of Environmental Science and Forestry and Syracuse University, B.S., Landscape Architecture, summa cum laude, 1978
  • State University of New York, College of Environmental Science and Forestry and Syracuse University, B.S., Environmental Science, summa cum laude, 1977

Admitted To Practice

  • New York, 1986

Memberships & Affiliations

  • New York State Bar Association
  • Monroe County Bar Association, Academy of Law Member, Environmental Committee Chair (1991-93)
  • New York State Business Council, Environmental Committee

Civic Activities

  • Rochester Yacht Club, Fleet Captain and Past Board Member
  • Genesee Valley Club, New Member and New Member Orientation Committees
  • Brighton Park Land Trust, Founding and Past Board Member
  • GEVA Theatre Center, Past Board Member and Vice Chair
  • Brighton Department of Parks and Recreation, Advisory Board Past Chair

Speaking & Publications

  • New York State Senate’s Legislative Committee on Toxic Substances and Hazardous Waste, Statement on Reformation of Superfund Program
  • Business Council of New York State Industry-Environment Conference, New York State Brownfield Cleanup Program
  • GLI’s NYS Environmental Law Handbook, “State Superfund Law” and “SEQRA,” Chapter Editor

Honors

  • ALM Top-Rated in the Field of Energy, Environmental, and Natural Resources for Environmental Law and Litigation: Environmental
  • The Best Lawyers in America®, Rochester Environmental "Lawyer of the Year," 2012-2013, 2019
  • The Best Lawyers in America®, Environmental Law and Litigation: Environmental, 2010-2018
  • New York State Business Council Award, Outstanding Leadership on Superfund Reform/Brownfields Incentive Project
  • Martindale-Hubbell AV Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Jaeckle, Fleischmann & Mugel, LLP, Rochester Office Managing Partner
  • Nixon Peabody, LLP, Of Counsel
  • A.E. Bye & Associates, Landscape Architect
  • Rochester Institute of Technology, Adjunct Professor of Environmental Law and Regulation

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