
Charles W. Malcomb
Practices & Industries
Admissions
- New York
Education
University at Buffalo, B.A., Summa Cum Laude
University at Buffalo School of Law, J.D., Magna Cum Laude
Chuck concentrates his practice on environmental law, energy law, land-use law, municipal law, and real estate development. He has experience working with both private and public clients on issues involving both state and federal environmental statutes, and he assists municipalities with a wide range of legal issues, including environmental review and zoning.
A primary part of Chuck’s work focuses on the State Environmental Quality Review Act (SEQRA) where he has extensive experience guiding municipalities and developers through its requirements. Successful projects include environmental assessments for large-scale telecommunications projects, power generation projects (including some of the largest wind farms in the eastern United States and both utility and small-scale solar projects), infrastructure improvements, and public and private developments, from project inception through successful litigation. He has assisted in drafting scoping documents, environmental impact statements, findings statements, decisions, and guiding public review. Chuck also counsels clients on local, state, and federal permitting processes, including compliance with historic preservation laws, the Clean Water Act, the Clean Air Act, and other federal environmental statutes and regulations.
Chuck frequently gives presentations and provides training programs for local government officials across the State on SEQRA, zoning, environmental law, land-use law, and ethics. He regularly presents at the Summer School and Annual Meetings of the Association of Towns and provides training for the New York Planning Federation. He has trained code enforcement officers and town and village justices on zoning and building code enforcement, and has published articles on investigating and prosecuting violations. In addition, Chuck has provided training to planners and local government officials on NYS Agriculture and Markets law, and the protections applicable to farm operations, including the limitations on municipal regulations.
As part of his municipal practice, Chuck serves as the attorney for an upstate New York municipality addressing the full-range of general municipal issues. He regularly counsels municipal clients on leasing, ethics, environmental matters, zoning, assessment, eminent domain, and procurement. Chuck represents clients engaged in farm operations in County-adopted, State-certified Agricultural Districts and have assisted in securing municipal approvals for operations, including renewable energy projects. He has also defended lawsuits challenging municipal approvals to farm operations. His further litigation experience includes tax assessment matters, land use issues, environmental enforcement, and other issues before administrative and judicial forums. He has drafted laws for municipalities on a variety of subjects.
Chuck also counsels clients in the oil and gas industry on a variety of matters, including environmental compliance and administrative enforcement defense. Chuck and his colleagues represent several oil and gas companies in defending lawsuits alleging pollution resulting from drilling activities.
Chuck has represented clients with matters pending before the State Liquor Authority, including applications for licenses. Specifically, he has provided guidance to wineries and distilleries with respect to licensing issues and compliance with Federal and State laws regulating the sale and consumption of alcohol.
In addition, Chuck is conversant in Russian.
Honors
- Listed, Upstate New York Super Lawyers Rising Stars, 2014 - 2019
Experience
- Litigation Challenging Approvals of a Hotel Development
- Article 78 Proceedings Challenging Municipal Approvals and a Municipal Denial for a Warehousing Facility
- Defended Municipal Board Member’s Free Speech Rights against Claims of Pre-decision Bias
- Defense of a Planning Board’s Denial of an Extension of Permits for a Large-scale Wind Project
- Defense of a Challenge to a ZBA’s Determination to Grant a Use Variance
- Successful Challenge to a Negative Declaration for a Large-scale Casino Development
- Multiple Wind Energy Projects in Western New York
- Buffalo Sabres’ HARBORCENTER Project
- Counsel to Developers and Local Businesses for Land Use and Zoning Issues
- Appellate Division Victory for Hodgson Russ Client
- Solar Development Representation
- Win for Hodgson Russ Client in the Appellate Division
News
- Press Release, August 12, 2019
- Press Release, August 20, 2018
- Press Release, January 2, 2018
- Press Release, September 6, 2017
- Press Release, August 31, 2016
- Press Release, August 19, 2015
- Press Release, December 30, 2014
- Buffalo News, December 23, 2014
- Buffalo Business First, November 6, 2014
- Press Release, August 14, 2014
- April 1, 2011
- March 11, 2010
Presentations
- Albany, NY, September 25, 2019
- Millennium Hotel, 2040 Walden Avenue, Cheektowaga, NY, June 13, 2019
- Templeton Landing, Buffalo, NY, January 24, 2019
- Millennium Hotel Buffalo, January 18, 2019
- Buffalo, New York, September 28-29
- Mayville, New York, September 11, 2018
- Otesaga Resort Hotel, May 23 - 25, 2018
- Millennium Hotel, 2040 Walden Avenue, Cheektowaga, NY 14225, May 17, 2018
- Verona, NY, October 16, 2017
- May 2, 2017
- Tug Hill Commission Annual Local Government Conference – Ethical Considerations for Planning and Zoning BoardsWatertown, NY, March 30, 2017
- New York Planning Federation Annual Conference 2017 – Ethical Considerations for PlannersSaratoga Springs, NY, March 27 - 28, 2017
- Association of Towns Annual Meeting 2017 - Zoning and Real Property Taxation for Solar EnergyNew York Marriott Marquis, NY, February 20, 2017
- Air & Waste Management Association Annual Seminar 2017 - Environmental Reporting ObligationsTempleton Landing, 2 Templeton Terrace, Buffalo, NY, January 25, 2017
- Hodgson Russ Albany Municipal Law Seminar 2016 - SEQRA and Land Use Case Law UpdateHilton Garden Inn, 30 Clifton Country Road, Clifton Park, NY, September 27, 2016
- Association of Towns Summer School 2016 - Introduction to Form-based CodesQuality Inn & Suites Palm Island, 8250 Park ROad, Batavia, NY, August 12, 2016
- Hodgson Russ Municipal Law Seminar 2016 - State Agency UpdateMillennium Hotel, 2040 Walden Avenue, Cheektowaga, NY, May 17, 2016
- New York Planning Federation Annual Conference 2016 - Ethical Considerations for Municipal Boards and PlannersThe Gideon Putnam, 24 Gideon Putnam Road, Saratoga Springs, NY 12866, April 18-19, 2016
- Association of Towns Annual Meeting 2016 - SEQRA and Land Use Case Law UpdateNew York Marriott Marquis, New York, NY, February 15, 2016
- Independent Oil & Gas Association of New York Water Issues Seminar - Changes to New York Water ManagementCreekside Lodge at Holiday Valley Resort, 6557 Holiday Valley Road, Ellicottville, NY, September 17, 2015
- Independent Oil & Gas Association of New York Water Issues Seminar - Status of the Hydraulic Fracturing Supplemental Generic Environmental Impact StatementCreekside Lodge at Holiday Valley Resort, 6557 Holiday Valley Road, Ellicottville, NY, April 30, 2015
- Independent Oil & Gas Association of New York Seminar - Clean Water Act EnforcementWebb's Year-Round Resort, Maryville, NY, January 22, 2015
- Buffalo, NY, May 22, 2014
- Cooperstown, NY, May 5, 2014
- Saratoga Springs, NY, March 31, 2014
- New York, NY, August 27, 2013
- Buffalo, NY, May 16, 2013
- Corning, NY, April 3 & 4, 2013
- New York, NY, February 18, 2013
- New York, NY, January 26, 2013
- White Plains, NY, December 7, 2012
- Buffalo, NY, May 17, 2012
- Allegany County, NY, May 9, 2012
- Mayville, NY, November 16, 2011
- Cheektowaga, NY, May 12, 2011
- Buffalo, NY, March 30, 2011
- Monticello, NY, March 23, 2011
- Niagara Falls, NY, September 2010
- Binghamton & Geneseo, NY, July 2010
- Cheektowaga, NY, May 26, 2010
- Rochester, NY, March 18, 2010
Publications
- Petition is first move towards New York’s aggressive goal of 6,000 Megawatts of solar by 2025Renewable Energy Alert, December 4, 2019
- Renewable Energy Alert, December 2, 2019
- Environmental Alert, November 27, 2019
- Environmental Alert, Municipal Alert, Public Finance Alert, November 12, 2019
- Renewable Energy Alert, November 6, 2019
- Renewable Energy Alert, November 1, 2019
- Renewable Energy Alert, October 31, 2019
- Municipal Law Alert, Education Law Alert, October 21, 2019
- Renewable Energy Alert, October 18, 2019
- Renewable Energy Alert, Environmental Law Alert, October 8, 2019
- Renewable Energy Law Alert, October 7, 2019
- Brownfield Redevelopment Alert & Renewable Energy Alert, June 18, 2019
- Municipal Law Alert, May 22, 2019
- Environmental Law Alert, May 7, 2019
- Renewable Energy Alert, May 6, 2019
- Environmental Law Alert, April 22, 2019
- Environmental Law Alert, April 18, 2019
- Municipal Law Alert, February 27, 2019
- Renewable Energy Alert, February 13, 2019
- Increased Regulatory Requirements and Water Infrastructure Investment Likely in 2019Environmental Alert, December 21, 2018
- Renewable Energy Alert, November 20, 2018
- Telecommunications Alert, October 5, 2018
- Litigation Alert, August 3, 2018
- Municipal Law Alert, July 26, 2018
- Manufacturing Alert, February 9, 2018
- The Pipeline, a publication of the Independent Oil and Gas Association of New York, Summer 2017
- The Pipeline, a publication of the Independent Oil and Gas Association of New York, Spring 2017
- The Pipeline, a publication of the Independent Oil and Gas Association of New York, Winter, 2016
- Administrative Search Warrants in New York: How to Gather Evidence of Code Violations without Running Afoul of the Fourth AmendmentThe Municipal Lawyer, a publication of the Local and State Government Law Section of the New York State Bar Association, produced in cooperation with Touro Law Center, Winter/Spring 2016, Winter/Spring 2016
- Real Estate Development Alert, October 29, 2015
- The Pipeline, a publication of the Independent Oil and Gas Association of New York, September 17, 2013
- Legal & Tax Newsletter, a publication of the German American Chamber of Commerce New York, March 29, 2013
- The Pipeline, a publication of the Independent Oil and Gas Association of New York, March 21, 2013
- Talk of the Towns, a publication of the Association of Towns of the State of New York, January 29, 2013
- Environment & Energy Alert, March 27, 2012
- April 8, 2011
- Law of the Land, June 23, 2010
Social Media
Chuck contributed to Hodgson Russ’s Clean and Green Law blog. His entries included:
- “Cuomo Announces State Investment of $225 Million Toward the Buffalo High-Tech Manufacturing Innovation Hub,” November 25, 2013
- “Solar Balance of System (BoS) Cost Continues to Be the Focus of Cost-Reduction Strategy,” August 20, 2013
- “Will President Obama’s Climate Change Policy Impact the 2014 Midterm Elections?,” July 3, 2013
- "Proposed Amendments to New York's State Environmental Quality Review Act Do Little More Than Provide Lip Service to Sustainability," January 28, 2013
- "Will the Wind Energy Production Tax Credit Play a Major Role in the 2012 U.S. Presidential Election?," August 15, 2012
Professional Associations
- Environmental Law Institute
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New York State Bar Association
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Bar Association of Erie County
Community & Pro Bono
- Rivershore Foundation, Inc. board member