Charles W. Malcomb

Charles W. Malcomb (Chuck) is a partner at Hodgson Russ and co-leader of the firm’s Public Authority, Land Use & Economic Development, and Data Center Practices. He advises clients on complex development and technology infrastructure projects involving environmental review, zoning and permitting, and related approvals. Clients turn to Chuck when projects involve layered regulatory requirements, sensitive stakeholder dynamics, or a meaningful risk of challenge.

Environmental Review and Historic Preservation

Chuck advises clients on matters under the New York State Environmental Quality Review Act (SEQRA), particularly in connection with complex and high-profile projects. He represents municipalities, developers, industrial development agencies (IDAs), and public authorities and is often engaged when a project is expected to draw scrutiny or face challenge.

Working with both lead agencies and project sponsors, he brings a practical understanding of how environmental review decisions are made and challenged. He helps structure the review process, build clear and defensible records, and address issues as they arise so projects can progress. He also represents clients in SEQRA litigation and has successfully defended determinations at both the trial and appellate levels.

His work under SEQRA also extends to historic and cultural resource review under applicable state and federal laws, where he helps clients identify potential impacts early and incorporate solutions into project planning and approvals.

Renewable Energy, Energy Storage, and Data Centers

Chuck advises developers on renewable energy, energy storage, and technology infrastructure projects, including utility-scale wind and solar developments and large-scale data center facilities across the eastern United States. His work includes navigating the siting and permitting process under Article VIII of the New York Public Service Law before the Office of Renewable Energy Siting (ORES), as well as coordinating related state and local approvals.

Chuck works with clients early in the development process to identify potential obstacles, develop permitting strategies, and keep projects advancing through complex and highly scrutinized approvals. He advises on key infrastructure considerations, including power supply and interconnection, land use compatibility, and the integration of large-scale facilities.

For data center projects, he represents developers and industrial development agencies in connection with projects across New York, including land use and environmental review, negotiation of payments in lieu of taxes (PILOT) arrangements and power agreements, and IDA financial assistance approvals. He also advises on community benefit agreements, focusing on how those arrangements are structured and negotiated.

Environmental Law

Environmental regulatory work forms a core part of Chuck’s practice, particularly where compliance obligations, permitting requirements, and agency oversight converge. He counsels clients on matters arising under New York’s Environmental Conservation Law and related federal statutes, including air and water quality, wetlands, waste management, and spill response.

Clients rely on Chuck to navigate interactions with the New York State Department of Environmental Conservation, including compliance issues, agency inquiries, and enforcement actions. He also represents clients in Article 78 proceedings challenging environmental determinations.

Public Authorities, Industrial Development Agencies, and Eminent Domain

Economic development work is a significant part of Chuck’s practice. He advises public authorities, municipalities, and IDAs on how projects are structured, approved, and carried out, with a focus on aligning legal requirements with practical realities.

His work frequently involves large-scale redevelopment efforts where site assembly, project timing, and statutory requirements must be managed together. He has substantial experience with eminent domain proceedings, including pre-acquisition planning, public hearings, and just compensation litigation. Further, Chuck has considerable experience handling matters through appeals involving complex valuation issues.

Chuck also advises IDAs on project approvals, tax exemption policies, and governance issues, and has represented agencies in litigation involving their statutory authority, payments in lieu of taxes, and environmental review obligations, including cases that have reached the New York Court of Appeals.

Land Use and Municipal Law

Chuck’s practice includes extensive work involving local decision making. He advises municipalities, planning boards, zoning boards of appeals, and private clients on zoning and land use matters, including development approvals, enforcement issues, and related litigation.

Because he regularly advises local boards and officials, Chuck brings a practical understanding of how decisions are made and defended. He counsels clients on navigating approval processes, handling enforcement matters, and developing records that will withstand scrutiny. He also serves as counsel to a municipality and advises on governance, ethics, and conflicts of interest, including issues involving procedural fairness and the defensibility of municipal actions.

Speaking and Training

Chuck regularly presents on SEQRA, zoning, municipal law, ethics, and renewable energy development. He trains local government officials across New York State and frequently speaks at programs hosted by the Association of Towns and the New York Planning Federation.

Services

Education

University at Buffalo, B.A., summa cum laude

University at Buffalo School of Law, J.D., magna cum laude

Admissions

• New York