Practice Areas
O'Toole Law Group focuses exclusively on the areas of law where New York's energy future, land use decisions, and community governance intersect.
Services Include
Renewable Energy Law in New York State
O'Toole Law Group assists stakeholders at every stage of renewable energy development in New York State. Our energy practice is deeply integrated with our expertise in environmental, municipal, land use, and zoning law — giving our clients a comprehensive advantage in navigating New York's evolving regulatory landscape.
Article VIII & ORES Proceedings
New York's Office of Renewable Energy Siting (ORES) administers the Article VIII process for large-scale renewable energy facilities. We represent local governments, local agencies, individuals, and interest groups in these proceedings — whether you support a proposed project or have serious concerns about potential impacts. Our services include party status requests, Local Agency Fund requests, assistance identifying substantive issues for adjudication, drafting motions and testimony, and settlement negotiations.
Small & Community-Scale Projects (Under 25 MW)
For projects smaller than 25 MW, we provide valuable services to all stakeholders: analyzing zoning codes and local laws to determine regulatory requirements; representing parties before town, zoning, and planning boards; applying for special use permits, rezoning, site plan review, and overlay districts; assisting with SEQRA review and preparation of Environmental Impact Statements; and requesting local law revisions.
Municipal Renewable Energy Representation
Whether a municipality strongly supports expanded renewable energy development or has concerns about whether facilities fit within its development plan, we help towns draft and revise laws, implement policies, and review specific applications. Services include drafting or amending local zoning, wind, and solar laws; helping Town Attorneys process proposals; ensuring SEQRA compliance; and representing towns in the Article VIII siting process.
Article VIII Proceedings
We represent parties and intervenors in Article VIII proceedings under the New York State Public Service Law for power plant siting. Services include guidance on the Article VIII process and its relationship to Home Rule; intervenor fund requests; representation during cross-examination hearings; and settlement negotiations with developers and State agencies.
Services Include
Land Use Law in New York State
We help our clients navigate the full spectrum of land use and zoning matters throughout New York State. Our goal is to provide clear, straightforward guidance that secures the approvals you need — and to advocate fiercely when challenges arise.
Project Approvals & Permitting
We assist developers, municipalities, builders, and individuals in securing the necessary local and state-level approvals for their development projects. This includes project permits, site plan approvals, subdivision approvals, and coordination with multiple agencies and boards throughout the approval process.
Variances, Special Use Permits & Rezoning
We represent clients seeking variances, conditional use permits, special use permits, and rezoning designations before local zoning and planning boards. We craft compelling applications and provide skilled advocacy at public hearings to maximize the likelihood of approval.
SEQRA Compliance
New York's State Environmental Quality Review Act (SEQRA) governs the environmental review of virtually all discretionary government actions. We guide clients through every stage of SEQRA compliance — from lead agency determination and classification of actions through scoping, preparation of Environmental Assessment Forms, and full Environmental Impact Statements.
Article 78 Proceedings
When land use decisions need to be challenged or defended in court, we prosecute and defend Article 78 proceedings on behalf of individuals, community groups, developers, and local municipal boards. We also handle takings, eminent domain, and inverse condemnation claims arising from government actions affecting private property.
Services Include
Zoning Law in New York State
Zoning law shapes how land is used, how communities grow, and how the built environment evolves. O'Toole Law Group provides expert guidance on New York's zoning framework — from analyzing local codes to drafting new laws and representing clients before boards and in court.
Zoning Code Analysis & Compliance
We analyze local zoning codes and ordinances to determine what uses are permitted, what approvals are required, and what pathways exist for achieving a client's development goals. Our analysis is practical and action-oriented — we identify not just the obstacles but the most effective routes around them.
Local Law Drafting & Amendment
We draft and amend local zoning laws for municipalities, including wind energy laws, solar energy laws, and overlay districts. We work collaboratively with municipal boards and their counsel to craft legislation that is legally sound, consistent with state law, and reflective of community values.
Board Representation
We appear before zoning boards of appeals, planning boards, and other local boards on behalf of applicants seeking approvals, as well as on behalf of neighbors and community groups challenging applications. Our advocacy is thorough, well-prepared, and responsive to the specific concerns of each board.
Renewable Energy Zoning
The intersection of zoning law and renewable energy development is one of the most dynamic areas of New York law. We advise municipalities on the scope of Article VIII's preemption of local laws, and assist in drafting zoning laws that appropriately balance energy development with community interests.
Services Include
Municipal Law Law in New York State
Our experience representing individuals, community groups, and businesses in zoning, land use, and environmental matters has given us deep insight into municipal operations — and an informed approach to representing municipalities themselves. We have served municipalities as both Special Counsel and General Counsel.
General Counsel Services
As General Counsel to municipalities, we advise the municipal board regarding applications submitted to it; attend board meetings and other appointments as requested; assist the board in conducting its business in accordance with procedural and substantive legal requirements; render legal advice in matters related to the board's official capacity; help the board prepare for public meetings and hearings; and make recommendations regarding proposed amendments to the municipal code.
Special Counsel Services
As Special Counsel, we represent municipalities seeking to prosecute and defend claims related to environmental, land use, and zoning matters — including bringing municipal challenges to State actions that adversely impact the municipality; defending the municipality's Local Laws and Code; assisting in drafting legislation and Code changes; rendering advice in SEQRA matters; and defending municipal actions and determinations in Article 78 proceedings.
Energy Siting Representation
We represent municipalities in Article VIII proceedings for large power plant siting, CPCN proceedings for large power plant operations, and Article VII proceedings for transmission line siting. We also represent municipalities in connection with the siting, construction, or expansion of renewable or other energy-producing projects within their borders subject to local permitting requirements.
Legislative Drafting
We assist municipalities in drafting and revising local laws across a wide range of subject areas, with particular expertise in wind and solar energy zoning laws, environmental regulations, and land use codes. Our drafting is informed by current case law and regulatory guidance to ensure that local laws are defensible and effective.
Have a Legal Question?
Contact O'Toole Law Group to discuss your matter with an experienced New York attorney.
Contact Us