Thomas Berkman on light blue and white bokeh banner

Thomas S. Berkman

Partner

Albany

Thomas is a Partner in the firm’s Environment, Energy, and Land Use & Economic Development Practices with nearly 30 years practicing law in the public and private sectors. He offers a unique perspective to clients, having served as the highest legal representative for the New York State Department of Environmental Conservation (DEC) for almost a decade as Deputy Commissioner and General Counsel.

Tom has a deep understanding of the inner workings and nuances of environmental matters, offering clients a distinct advantage when navigating complex State and Federal regulatory landscapes, which allows him to guide clients so they are positioned for the most positive outcomes.

During his tenure with the DEC, Tom was involved in the drafting and implementation of New York’s signature climate legislation – the Climate Leadership & Community Protection Act (CLCPA). He was involved in the drafting and implementation of the Environmental Justice Siting Law, State Environmental Quality Review Act (SEQRA) regulations, as well as drafting and overseeing the development of a myriad of Environmental Impact Statements (EISs) applicable to New York State legislative and regulatory changes.

He also provided guidance to clients on the development of renewable energy projects, ranging from small-scale installations to large utility-scale ventures. These key energy issues include the interplay of associated regulations and programmatic matters, such as:

Clean Water Act and New York’s State Pollutant Discharge Elimination System (SPDES) program
Coastal Erosion Hazard Area (CEHA) and stream disturbance issues (including storm response procedures)
Resource Conservation and Recovery Act (RCRA)
Clean Air Act, solid waste, and State land issues (including acquisition and management)
Protection of Natural Resources
Wetland regulations, endangered species, Brownfields, and Superfund sites
Energy project siting and development matters
White collar environmental issues

Tom has been legal counsel for some of the largest developments in New York State, including the proposed Micron chip fab facility and the Mario Cuomo Bridge project. He also worked extensively with Federal and State partners on various aspects of legal matters, allowing him to leverage his background to assist clients in understanding the best path forward.

Read the Hodgson Russ Environmental & Energy Blog

Thomas has presented for numerous organizations on environmental-centered topics, including:

Keynote Speaker, Sediment Symposium: Remediation and Restoration of Sediment Sites
Panelist, New York State Bar Association 2023/24 Environment Conservation Update
Keynote Speaker, New York State Bar Association Luncheon: “To Drink or Not to Drink: Clean Water Litigation Trends in NY”
Panelist, New York City Bar Association New York Environmental Law in Review 2017, 2020, 2023, 2024

Services

Education

Tufts University, B.A., cum laude

Boston College Law School, J.D., cum laude

Admissions

New York
Massachusetts
District of Columbia

News & Insights

Alert9.1.2026Hodgson Russ Environmental Alert
Federal Court Holds New York Climate Change Superfund Act Preempted
On August 31, 2026, the U.S. District Court for the Northern District of New York granted summary judgment to two groups of plaintiffs challenging New York’s Climate Change Superfund Act, holding that the Act is preempted by federal law. The decision relies principally on the Second Circuit’s ruling in City of New York v. Chevron Corp., 993 F.3d 81 (2d Cir. 2021), which held that New York City could not pursue state-law claims seeking damages from fossil-fuel producers for harms allegedly caused by global greenhouse gas emissions.
Alert8.24.2026Hodgson Russ Environment & Energy Alert
Federal Appeals Court Upholds EPA Rule Designating Certain PFAS Chemicals as Hazardous Substances
On August 18, 2026, the United States Court of Appeals for the District of Columbia Circuit unanimously denied a multi-industry challenge to a U.S. Environmental Protection Agency ("EPA") rule designating perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS") — two of the most widely studied "forever chemicals" — as "hazardous substances" under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA" or "Superfund"). Chamber of Commerce of the U.S. v. EPA, No. 24-1193 (D.C. Cir. Aug. 18, 2026). The decision leaves EPA's designation fully in place and confirms that Superfund's strict liability cleanup and cost recovery regime now applies to these two chemicals.
Blog Post8.4.2026
New York Enacts Amendments to Strengthen Rechargeable Battery Recycling Program
Governor Kathy Hochul has signed Chapter 87 of the Laws of 2026, further refining New York's rechargeable battery recycling program. The new law amends the rechargeable battery stewardship legislation enacted in 2025 by clarifying existing requirements and expanding certain compliance obligations for manufacturers, retailers, distributors, and other businesses involved in the sale of rechargeable batteries and battery-powered products in New York.
Alert7.27.2026Hodgson Russ Data Center & Digital Infrastructure and Municipal Alert
New York State Issues Data Center Community Investment Framework Policy Outline
A key element of New York’s data center moratorium was a direction to Empire State Development (“ESD”) to craft a Community Investment Framework (“CIF”) under which data center host communities would be compensated. Public feedback on the Framework can be submitted to ESD by Thursday, August 13, 2026.
Alert7.16.2026Data Center & Digital Infrastructure Practice Alert
Governor Hochul Signs First Statewide Data Center Moratorium in the U.S.
In a move with significant implications for data center developers and potential host communities throughout New York, Governor Kathy Hochul has signed Executive Order No. 62, temporarily pausing certain state environmental approvals for large-scale data center projects while state agencies evaluate the industry's environmental, energy, and infrastructure impacts. This makes New York the first state in the country with a statewide data center permitting moratorium. The Order applies to data centers that consume 50 megawatts (“MW”) of energy or more and comes just one month after a similar moratorium was passed by the State Legislature.
Blog Post7.10.2026
New York Proposes Landmark Regulations Requiring Treatment of Landfill Leachate Before Disposal
On July 1, 2026, the New York State Department of Environmental Conservation ("NYSDEC") published proposed amendments to 6 NYCRR Parts 360 and 363 that would fundamentally change how landfill leachate is managed throughout the State. If adopted, the proposal would require municipal solid waste ("MSW") landfills and certain construction and demolition ("C&D") debris landfills to treat landfill leachate before it may be discharged to the environment.
Seminar6.11.2026Buffalo Marriott Niagara, 1340 Millersport Hwy, Amherst, NY 14221
2026 Municipal Law Seminar
Podcast Appearance5.29.2026The Capitol Pressroom
What’s next for New York’s wetland protections?
Hodgson Russ Partner Thomas Berkman recently joined The Capitol Pressroom to discuss what’s next for New York’s freshwater wetland protections following a recent court ruling.
Alert5.20.2026Hodgson Russ Environment & Energy Alert
DEC Adopts 2026 SEQRA Amendments
Significant revisions incorporating environmental justice and housing considerations represent the most consequential reshaping of SEQRA in years.
Podcast Appearance3.25.2026The Capitol Pressroom
Courts Continue Narrow Interpretation of ‘Green Amendment’
Hodgson Russ partner Tom Berkman appeared on The Capitol Pressroom to discuss how New York courts are interpreting the state’s constitutional Green Amendment and what recent decisions mean for environmental claims and development.
Quoted3.17.2026Buffalo Business First
New York Delays Key Climate Law Enforcement Amid Legal Battles, Affordability Concerns
Hodgson Russ partner Thomas Berkman is quoted in Buffalo Business First discussing New York’s evolving approach to the Climate Leadership and Community Protection Act and its implications for businesses and policymakers.
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.
Speaking EngagementJan 13-16, 2026New York, New York
New York State Bar Association – Local and State Government Law Section
Speaking Engagement11.6.2025Albany Law School
Panel Discussion: Purpose of the State Environmental Quality Review Act
Hodgson Russ Partner Thomas Berkman participates as a panelist for “Purpose of SEQRA and Its Impact on Decision-Making Processes” at the SEQRA 50th Anniversary Conference on November 6, 2025 at 9:30 a.m.
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).
Blog Post7.25.2025
New York Shifts from Zero Emissions to a Balanced Energy Future
On July 23, 2024, the New York State Energy Research and Development Authority (“NYSERDA”) released its much-anticipated Draft 2025 New York State Energy Plan.
Blog Post7.15.2025
New York State Public Service Commission Quietly Opines on Real Property Transfers After Decommissioning
Did you ever wonder if you will need pre-approval to transfer your real property after you’ve decommissioned your electric generating facility? If so, PSC has recently suggested that the answer might be “Yes.”
Alert7.9.2025A Hodgson Russ Renewable Energy Alert
One Big Beautiful Bill Act Modifies Qualification Requirements for Renewable Energy Tax Credits
One Big Beautiful Bill Act Modifies Qualification Requirements for Renewable Energy Tax Credits, Bringing Increased Scrutiny to Foreign Participation in US Clean Energy Economy and Shifting Incentives Away from Wind and Solar
Blog Post7.7.2025
ORES Says "Not So Fast" and Pumps the Brakes on the RAPID Act
After holding a public comment period for over seven months and disseminating a “fact sheet” and slide deck detailing the proposed regulations, ORES recently published a letter stating they would be proceeding with a revised rulemaking pursuant to State Administrative Procedure Act (SAPA) § 202(4-a).
Article6.25.2025Law360
Hodgson Russ Adds Ex-GC Of NY Enviro Agency
Hodgson Russ Partner Thomas Berkman was featured in Law360 about joining the firm.
Press Release6.24.2025Hodgson Russ News Release
Hodgson Russ LLP Adds Former NYS Department of Environmental Conservation General Counsel to Its Growing Environmental & Energy Practices

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Lake George Association Board of Directors