Jenna M. Rackerby

Jenna is a member of the firm’s Environmental and Renewable Energy Practices. Her practice includes counseling on permitting, environmental review, and enforcement defense, as well as supporting M&A and private equity teams with environmental due diligence, risk assessment, and compliance strategies in corporate transactions.

She regularly advises clients on regulatory, transactional, and litigation matters under Federal and State laws, including the Clean Water Act (CWA), Clean Air Act (CAA), National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA), and the New Jersey Industrial Site Recovery Act (ISRA) and Site Remediation Reform Act (SRRA).

Prior to joining Hodgson Russ, Jenna worked in the New York City office of a large international law firm. She also gained experience working with the U.S. Environmental Protection Agency’s Region II Criminal Enforcement Division, the Metropolitan Transportation Authority, and the Sabin Center for Climate Change Law. She is also a U.S. Navy veteran and VA-accredited attorney providing pro bono representation to veterans in benefits and service-related matters.

Services

Education

Columbia University, B.A., magna cum laude

Benjamin N. Cardozo School of Law, J.D.

Admissions

New York
New Jersey
Washington, D.C.
Oregon
U.S. District Court for the Northern District of New York
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
U.S. District Court for the Western District of New York
U.S. District Court for the District of New Jersey
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for Veterans Claims

Bar Associations

American Bar Association

News & Insights

Alert3.3.2026Hodgson Russ Environmental Alert
Appellate Court Reaffirms the Limited Application of New York’s Green Amendment by Private Parties Seeking to Compel Government Action
Last week, the Appellate Division, Third Department reaffirmed and further limited the application of New York’s Green Amendment. This follows the Appellate Division, Fourth Department’s decision last year in Fresh Air for the Eastside, Inc. v. State of New York , which held that the state constitutional amendment does not create a private right of action against private actors. In Fresh Air for the Eastside, the Fourth Department also rejected arguments that the Amendment altered the longstanding rule that mandamus does not lie to compel an enforcement agency to pursue alleged violators, except in rare circumstances. The Third Department rejected the argument that the Green Amendment compelled the State to revoke an industrial facility’s permits and affirmed the lower court’s holding that the Green Amendment did not create a cause of action to compel enforcement action by the State.
Alert12.19.2025A Hodgson Russ Environmental & Real Estate Alert
NYC DOB Clarifies How Retail Battery Storage Can Generate Local Law 97 Compliance Value
On December 8, 2025, the New York City Department of Buildings issued Buildings Bulletin 2025-014, providing long-awaited clarification on how battery energy storage systems, including retail and off-site systems, may generate greenhouse gas emissions deductions for Covered Buildings under Local Law 97.
Blog Post12.5.2025
RAPID Act Revisions: The ORES' Proposed Changes Will Reshape Project Timelines for the Worse
The Office of Renewable Energy Siting and Electric Transmission (ORES) has proposed significant revisions to its rules implementing the Renewable Action Through Project Interconnection and Deployment (RAPID) Act. While the amendments span procedural, definitional, and technical updates, the most consequential changes concentrate in four areas: (1) completeness determinations, (2) municipal notification, (3) professional-engineer certifications, and (4) amending pending applications.
Alert11.6.2025Hodgson Russ Renewable Energy & Regulatory Alert
RAPID Action - ORES Issues Revised Proposed Regulations Under the RAPID Act
On October 22, 2025, the New York State Office of Renewable Energy Siting and Electric Transmission (ORES) issued a revised set of proposed regulations implementing the Renewable Action Through Project Interconnection and Deployment (RAPID) Act, which consolidated the State’s renewable energy and electric transmission siting processes under a new Article VIII of the Public Service Law (PSL).
Blog Post10.31.2025
D.C. Circuit Backs FERC in NYISO Forecast Case, Highlights PSC’s Delay on CLCPA Rules
On June 14, 2024, the U.S. Court of Appeals for the D.C. Circuit issued its decision in New York State Public Service Commission v. Federal Energy Regulatory Commission, Nos. 23-1192, 23-1259, and 23-1286, denying the New York Public Service Commission’s (PSC) petitions for review and affirming the Federal Energy Regulatory Commission’s (FERC) approval of the New York Independent System Operator’s (NYISO) rate filing.
Press Release10.30.2025Hodgson Russ Press Release
Six Hodgson Russ LLP Attorneys Named to the 2025 New York Metro Super Lawyers List
Alert10.30.2025A Hodgson Russ Cleantech and Renewable Energy Alert
New NYC Department of Buildings Rules Set Comprehensive Standards for Energy Storage Systems
The New York City Department of Buildings (DOB) has finalized two significant new rules regulating the design, installation, operation, and decommissioning of energy storage systems (ESS) throughout the city. These rules, effective October 26, 2025, mark the first time the DOB has directly addressed indoor ESS installations and expand regulatory oversight beyond existing FDNY requirements.
Alert10.28.2025A Hodgson Russ Environmental & Energy Alert
Court Orders New York DEC to Finalize Cap-and-Invest Program Under CLCPA
In a significant development for climate policy in New York, the Albany County Supreme Court has ordered the state’s Department of Environmental Conservation (DEC) to promulgate long-delayed regulations required under the Climate Leadership and Community Protection Act (CLCPA).
Press Release10.13.2025Hodgson Russ Press Release
Hodgson Russ Accelerates Environmental and Renewable Energy Growth in New York City with New Associate

Professional

Member, American Bar Association
- SEER Environmental Leaders Network, 2022
- Vice Chair: Regional Representatives Group, SEER Environmental Law Society Network,
  2021-2022
Member, New York State Bar Association
- Environmental & Energy Law Section Committee
- Local And State Government Law Section Committee
Member, New York City Bar Association
- Energy Committee
- Law Students Perspective Committee, 2021
Vision Member, WE ACT for Environmental Justice, 2017-2023
Board of Directors, United Solar Energy Supporters, 2021-2022