Administrative, Regulatory & Municipal Litigation

Navigating the complex processes and procedures mandated by the Administrative Procedure Act, the State Administrative Procedure Act, and many individual agency regulations requires an experienced firm. Hodgson Russ has guided numerous public and private clients through all levels of federal, state, and local agencies, including interpreting regulations, obtaining permits, challenging determinations, advising on Freedom of Information Act (FOIA) and Freedom of Information Law (FOIL) requirements, guiding compliance efforts, and drafting legislation and regulations.

Our diverse experience includes representing hospitals, nursing homes, and other healthcare providers in cost recoupment proceedings, survey challenges, audits and appeals; representing businesses in obtaining all types of air, water, and energy extraction permits; representing companies seeking to protect confidential information from FOIL or FOIA release; providing defense of discrimination claims; and representing professionals appearing before licensing and disciplinary bodies.

Litigation with the government in administrative and judicial forums follows its own set of rules and requires a firm with deep experience with these unique challenges. Hodgson Russ defends our clients in formal and informal enforcement proceedings initiated by state and federal agencies, both through the administrative process and in subsequent judicial proceedings. Our substantial experience in environmental, securities, health, energy, tax, labor and employment, and other areas allows us to provide legal assistance throughout the administrative law process, whether before the agency, in a court challenge, or through a negotiated settlement.

Hodgson Russ represents municipalities in all judicial and administrative forums, successfully litigating municipal issues at all levels, including the United States Supreme Court. Our experience allows the firm to litigate competently and efficiently in any forum and to respond immediately to problems and emergencies frequently arising in the municipal setting. Litigation services include full representation at all administrative levels. The firm regularly represents clients at state agency hearings and provides representation for local governing boards in the permit-issuing process. We have successfully litigated a wide array of zoning, employment, environmental, tax assessment, eminent domain, constitutional, Freedom of Information Law and Open Meeting Law, annexation, and numerous other challenges cases for municipalities. Our successes include the defense of permit decisions and the environmental review process for numerous large projects throughout New York. We defend governing boards, planning boards, and zoning boards in connection with decisions made for their communities in Article 78 proceedings and against constitutional and other challenges.