Barclay Damon
Barclay Damon

Tom 
     Fucillo

Tom Fucillo

Partner

p: 315.413.7113

f: 315.703.7347

icon_email tfucillo@barclaydamon.com
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Syracuse Office

Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202

A former judge advocate and NYS Department of Environmental Conservation regional attorney with over 30 years of legal experience, Tom primarily concentrates his practice on environmental and land-use litigation before state and federal courts, regulatory compliance, permitting, and enforcement as well as administrative legal practice before various state agencies.

Tom has substantial experience litigating Article 78 challenges of determinations by public bodies and environmental and land-use disputes. He guides developers and municipalities through the SEQRA process with related right-to-build issues and represents private entities in CERCLA and Navigation Law (oil spill) litigation.

Tom additionally has extensive experience representing Class 1 railroads in all aspects of environmental practice, including litigation and regulatory and permitting issues such as preemption. He also represents petroleum-distribution companies in bulk-storage and spill issues and represents permittees with respect to NYS Liquor Authority licensing and enforcement issues.

Representative Experience

  • Successfully appealed numerous hazardous-waste program fees assessed by the NYS Department of Environmental Conservation, obtaining full refunds for clients.
  • Obtained summary judgment on behalf of a Class 1 railroad, dismissing all CERCLA contribution claims brought against it in a third-party action. The claim was based upon contamination that had migrated onto rail property from an adjoining former manufactured gas-plant site.
  • Successfully negotiated settlements with the USEPA in two separate CERCLA cases, obtaining favorable resolutions against corporate clients while obtaining the removal of alleged claims against corporate officers.

Practice Areas

Education

  • University at Buffalo School of Law, J.D.
  • State University of New York at Cortland, B.A.

Admitted To Practice

  • New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, 2nd Circuit

Memberships & Affiliations

  • New York State Bar Association
  • Northern District of New York Federal Court Bar Association
  • Onondaga County Bar Association
  • Litigation Counsel of America, Fellow

Civic Activities

  • Onondaga Cycling Club, Board of Directors Member
  • Camillus Youth Hockey Association, Former Board Member and Coach

Speaking & Publications

  • Frequently presents in CLE programs and to client groups on lender liability, all appropriate inquiry, SEQRA, environmental easements, the NYS Navigation Law, and the interplay of environmental law and bankruptcy law.
  • Environmental Law in New York, “Petroleum Discharges and the NYS Navigation Law”

Honors

  • The Best Lawyers in America® Environmental Law: Litigation, 2008-2019
  • The Best Lawyers in America®, Syracuse Lawyer of the Year: Litigation/Environmental, 2014 and 2018
  • Selected to Super Lawyers Upstate New York: Environmental, 2013-2018
  • Martindale-Hubbell AV Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability

Prior Experience

  • Menter, Rudin & Trivelpiece, P.C., Shareholder
  • NYS Department of Environmental Conservation Region 7, Regional Attorney
  • NYS Department of Environmental Conservation Region 6, Assistant Regional Attorney
  • US Navy Judge Advocate General’s Corps (JAG), Judge Advocate