Ed McTiernan is an environmental litigator who focuses on state and federal regulatory issues including site remediation, brownfield redevelopment, natural resource damages, energy and infrastructure transactions, and environmental permitting aspects of real estate development.

In 2011, Mr. McTiernan was appointed to the New York State Department of Environmental Conservation by Governor Andrew Cuomo where he served as Deputy Commissioner and General Counsel. In that capacity, he was responsible for enforcement, rulemaking, and major policy initiatives including the review and permitting of transportation infrastructure and energy projects, as well as citizen action suits, CERCLA cost recovery claims and permit proceedings. He supervised a team of 90 attorneys and 30 support staff in nine offices, and coordinated with federal agencies and national environmental advocacy groups on a number of controversial projects. In addition, he directly supervised the state’s docket of environmental litigation, enforcement proceedings, and policy initiatives.

Prior to his public service, Mr. McTiernan was in private practice for more than two decades. He also served as a team leader for a New York/New Jersey regional law firm's environmental practice where he represented Fortune 100 corporations and multi-nationals in state and federal court.

Perspectives

N.Y.'s New Laws Protecting Drinking Water From Emerging Contaminants (pdf)
New York Law Journal, Volume 257, No. 90
Sovereign Immunity Protects New Jersey from Spill Act Liability
Advisory
NJ Spill Act May Now Include Right to Compel Enviro Sampling
Published by Appellate Law360, Engery Law360, Environmental Law360, Public Policy Law360, and Real Estate Law360
Has New Jersey’s Site Remediation Reform Act Ushered in a Dramatic Expansion of Spill Act Liability?
Advisory
New York's New Sea Level Rise Projections Will Affect Land Use, Infrastructure (pdf)
New York Law Journal, Volume 257, No. 45
More

Recognition

Best Lawyers
Environmental Law and Natural Resources Law (2011)
Chambers USA
Environment (2006-2011)
New Jersey Super Lawyers
Environmental (2008-2011)

Credentials

Education
  • JD, Seton Hall University School of Law, 1987
  • MS, State University of New York College of Environmental Science and Forestry, 1980
  • BS, Biology, Fordham University, 1978
Admissions
  • New York
  • New Jersey
  • US Court of Appeals for the Third Circuit
  • US District Court, District of New Jersey
  • US District Court, Southern District of New York
  • US District Court, Eastern District of New York
  • US District Court, Western District of New York
Government and Military Service
  • Deputy Commissioner and General Counsel, New York State Department of Environmental Conservation
Activities
  • Past Chair, Environmental Section of the New Jersey State Bar Association

  • New York State Bar Association/Environmental Committee, Member Executive Committee, 2012 - Present; Member, 1987 - Present

  • Member, Environmental Section of New York City Bar Association

  • Fellow, American College of Environmental Lawyers

Overview

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