Alita J. Giuda
Colgate University, B.A., 2002, magna cum laude; Albany Law School of Union University, J.D., 2006
Alita regularly represents various industrial and commercial clients in all facets of environmental law, zoning and land use issues, related administrative and judicial proceedings, and commercial litigation. She is highly experienced in developing strategies to ensure a timely and thorough environmental, land use and/or permitting process occurs that will both comply with law and provide the client a defensible record. She has also represented a number of clients on contamination issues, including remediation pursuant to federal and state remedial programs. She has advised clients regarding a number of complex environmental statutes, such as the Clean Air and Clean Water Act. She is also an experienced litigator who has researched and drafted numerous injunctions, complaints, motions and other documents, in addition to overseeing complex litigation in a variety of practice areas, including breach of contract, construction defect, commercial landlord and tenant, eminent domain, trade name protection and real property.
- New York State Courts
- Pennsylvania State Courts
- United States District Court for the Northern and Western Districts of New York
- United States Court of Appeals for the Second Circuit
- Advising clients on State Environmental Quality Review Act compliance, permitting under a number of environmental statutes, as well as all varieties of land use matters.
- Evaluating applicable zoning requirements, developing strategy, and drafting zoning amendments to suit a client’s individual project.
- Advising clients on procedural and substantive environmental and land use requirements associated with developing projects.
- Providing legal advice and strategies with respect to advancing mining, asphalt and concrete permit applications, as well as related environmental review and land use applications.
- Completing due diligence on financing, sale, and other transactions related to wind and other energy projects, including advice regarding environmental risk and permitting strategies.
- Prosecuting action seeking recovery for damages to commercial property resulting from PFOA contamination in Hoosick Falls, NY
- Representing various major projects, including a proposal for a state gaming facility, in complex SEQRA and zoning review process.
- Appearing on behalf of a multi-state solid waste management company in local SEQRA review process and DEC adjudicatory hearings.
- Drafting comments on regulatory proposals, articles, and amicus curiae briefs on behalf of statewide trade association representing mining, asphalt and concrete industries.
- Counseling clients on state or county-wide E-911 communications systems, mixed use development projects and retail projects.
- Developing strategies to defend SEQRA and/or regulatory approvals and exemptions from local land use regulation.
- Counseling clients on regulatory proceedings, oil and gas well applications, pipeline development, environmental issues and regulatory requirements related to oil and gas development.
- Advising clients regarding admission to the Brownfield Cleanup Program pursuant to the original and amended statutes, assisting with compliance with BCP requirements and evaluating possible tax credit eligibility.
- Collaborating in corporate transaction matters on potential environmental exposure due to sale of property, strategies and negotiations to resolve same.
- Representing clients in civil and criminal environmental enforcement matters, including developing appropriate cleanup standards, negotiating Consent Orders with the regulatory agency, and advising clients with respect to ongoing site monitoring and maintenance activities.
- Opposing unfavorable regulatory proposals, statutes, and other actions, including via litigation.
- Representing clients in environmental litigation (Article 78 proceedings, declaratory judgments and other relief) as well as complex constitutional law issues related to property rights.
- Complex commercial litigation and arbitration on a variety of issues, including construction defect litigation, contract interpretation, commercial disputes, trade secrets and others.
- Successfully defeating a motion to dismiss asserting governmental immunity in negligence action related to massive landslide resulting in multiple lawsuits.
- Seeking injunctive relief before trial and appellate courts to protect client interests in various litigation, including Article 78, trade secrets, and to protect leasehold via a Yellowstone injunction.
- Protecting trade secrets and confidential information.
- Drafting appellate briefs, engaging in discovery practice and developing strategy for all variety of litigation.
- Albany County Bar Association
- Rensselaer County Bar Association
- Capital District Women’s Bar Association of the State of New York
- New York State Bar Association, Environmental Law Section, Co-Chair, Mining and Oil and Gas Exploration Committee
- New York Construction Materials Association
- Associated General Contractors of New York State LLC