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Jeffrey
Gracer

Of Counsel

Jeffrey
Gracer

Of Counsel

Jeff fashions solutions to environmental problems by harmonizing business imperatives with legal and regulatory mandates, funding requirements, public policy considerations, and community and stakeholder interests.  In addition to his domestic practice, he regularly represents companies based outside of the United States, helping non-US clients understand and navigate the nuances and complexities of the US legal system.  Jeff’s clients report that he “communicates well and listens to the client,” that he is “a strong strategic thinker and planner,” and that he “has great insights” and “comes up with innovative solutions.”

Jeff approaches complex environmental problems by stepping back from the law and thinking first about the client’s business objectives.  He then designs strategies that meld legal, technical, strategic, financial, and regulatory considerations, working with environmental consultants and other professionals to deliver integrated solutions.  His experience includes hazardous substance and toxic tort litigation; environmental permitting and approvals; resolution of federal, state and local regulatory enforcement matters; environmental impact assessments; historic preservation reviews; contaminated site remediation and brownfield redevelopment; and environmental insurance coverage.  Increasingly, his practice involves legal and other responses to climate change, including navigating the requirements of state and municipal laws mandating or incentivizing efforts to decarbonize business operations.

Jeff’s clients include public companies, family businesses, governmental and non-profit development agencies, real estate owners and developers, financial institutions, and pension and private equity funds, among others.  He also maintains an active pro bono practice working on behalf of environmental non-profits.

Jeff is a former Chair of the Environmental Law Committee of the New York City Bar Association.  He founded the Environmental Program at the Vance Center for International Justice at the City Bar, which provides pro bono assistance to environmental organizations around the world.  He also co-founded and is President and Chair of the New York City Climate Action Alliance, a non-profit that engages the private sector in efforts to mitigate climate change.

 

Leadership in Action Award, New York City Environmental Law Leadership Institute
Environmental Thought Leader, Who’s Who Legal
Best Lawyers®, Environmental Law and Litigation-Environmental
Chambers and Partners USA, Ranked Band 1 Environmental Lawyer
Business Today’s “Top 10 Most Influential Environment Lawyers in New York 2023”
New York Metro Super Lawyers, Environmental Law
Who’s Who Legal, Environment & Climate Change

Solid Waste Company Acquisitions and Divestitures

Location: Across the United States | Date: 2002 - Present

Represented private equity fund in connection with its purchase and sale of solid waste management companies.

Response to Spill Incident

Location: North Carolina | Date: 2016

Represented public company in connection with response to spill incident, including root cause analysis and resolution of regulatory and insurance issues.

Carbon Credits for Forest Preservation

Location: Peru | Date: 2016

Represented non-profit organization in connection with carbon credits for forest preservation.

Site Remediation, Cost Recovery, and Sale for Redevelopment

Location: New York, NY | Date: 2014

Represented real estate company in connection with its remediation and sale for redevelopment of a NYC site previously utilized as a manufactured gas plant and in the company’s associated cost recovery lawsuit.

Environmental Insurance Coverage

Location: New Jersey | Date: 2012

Represented public company in connection with obtaining environmental insurance coverage for Superfund defense and indemnity costs.

Community Facility and Supermarket Development

Location: New York, NY | Date: 2007

Represented public development entity in connection with its purchase of federal property and lease of former naval officer’s quarters for redevelopment as a community facility and supermarket.

Ski Property Development

Location: Utah | Date: 2005

Represented real estate company in its purchase and redevelopment of former mining property, including its lease of property for construction of a ski-in, ski-out luxury hotel.

Waterfront Development Project

Location: New York, NY | Date: 2003

Represented US public company in sale of surplus waterfront property previously used for industrial purposes and its subsequent successful remediation and redevelopment, including negotiation of environmental insurance coverage for site cleanup.

“High Performance Leases: A Solution for Reducing Carbon Emissions in Commercial Buildings,” Co-Author

For: Environmental Law in New York (co-authored with Audi Banny, Stuart Kaplan & Stephanie Margolis)

June 2021

“The Law of Climate Change in Canada”

Article Title: Chapter 18 “United States;" Chapter 19 “North American and Global Integration of Carbon Control Markets;" Chapter 20 “Private Sector Climate Action”

2023

“Climate Change Legislation, Environmental Law 2020,” Presenter

For: American Law Institute

February 2020

“Local Law and Decarbonization, Conference on Climate Disruption and Decarbonization,” Presenter

For: American Bar Association

February 2020

“Landlord-Tenant Collaboration: Key Strategies for Whole Building Energy and Emissions Performance,” Presenter

For: Climate Week NYC (with the Institute for Market Transformation and the Building Energy Exchange)

September 2019

“Environmental Citizen Suits in the US,” Presenter

For: Tianjin University Law School, China

2019

“Challenging BigLaw in NYC to Help Save the Planet”

For: New York Law Journal

2018

“A Call to Action for New Yorkers”

For: New York Law Journal

2017

“The Paris Agreement on Climate Change,” Podcast Guest

For: Legal Talk Network Podcast

2017

“Companies Are Embracing Green Policies: Why Won’t Washington?”

For: The Hill

2017

“Environmental Aspects of Business Transactions,” Presenter

For: American Law Institute

2016

“Strategic Risk Update: Climate & Sustainability,” Presenter

For: Conference Board

2016

“Structuring Environmental Risk Transfers,” Presenter

For: Stafford Webinar

2015

“Environmental Considerations in Business Transactions,” Presenter

For: American Bar Association

2015

“U.S. Climate Change Developments,” Lecturer

For: University of Toronto Law School

2014

“How US Developers Address Site Contamination,” Presenter

For: Lobo de Rizzo, Sao Paulo, Brazil

2014

“Commercial Real Estate Loans: Minimizing the Environmental Risk for Lenders under CERCLA,” Co-Author

For: Practical Law; Co-Author(s): Jeffrey B. Gracer

2013

“Best Practices for Environmental Risk Management in the U.S.,” Presenter

For: Brazilian Bankers Association, Sao Paulo, Brazil

2013

“Climate Change: Strategic Implications for Business,” Presenter

For: Conference Board

2013

“SEC Issues Interpretive Guidance on Climate Disclosure”

For: International Law Office

2010

“Climate Change Litigation,” Presenter

For: Environmental Law Institute

2010

“Managing Environmental Risks in U.S. Bankruptcies”

For: Environmental Claims Journal

2009

“Can Carbon Trading Save The World (or Does the World Need to be Saved from Carbon Trading),” Presenter

For: American Bar Association

2009

“Cross-Border Environmental Handbook”

For: Practical Law Company

2009

“Disclosure of Climate Change Risk to Investors”

For: Practical Law Company

2009

“Lender Beware: Navigating the Superfund Safe Harbor During Workouts and Foreclosures,” Co-Author

For: New York Law Journal

2008

“NYC Climate Protection Act Sets GHG Reduction Targets”

For: International Law Office

2008

“Vapor Intrusion Meets Reality,” Presenter

For: Air & Waste Management Association

2008

“Cross-Border Litigation Gains Traction”

For: Environmental Claims Journal

2008

“Lender Beware: Navigating the Superfund Safe Harbor in Workouts and Foreclosures”

For: New York Law Journal

2008

“Disclosure of Climate Change Risk to Investors”

For: Bloomberg Law Reports

2008

“Superfund Cost Recovery Actions,” Presenter

For: New York State Bar Association

2007

“Changes in GAAP Put Spotlight on Environmental Disclosure”

For: Metropolitan Corporate Counsel

2006

“Environmental Diligence Under Pressure”

For: Power Assets Acquisition & Divestiture Summit

2006

“Disclosing Contingent Environmental Liabilities”

For: Metropolitan Corporate Counsel

2004

“Implementing NY’s New Brownfield Law”

For: New York Law Journal

2000

New Model High-Performance Lease Helps Unlock NYC’s Ambitious Climate Goals

  In August 2021, the Institute for Market Transformation, with pro bono assistance from SPR, released a model high-performance lease that will provide critical assistance for commercial building owners and tenants seeking to advance building decarbonization and comply with NYC ...

New York City Council Passes Major Amendment to Local Law 97 Affordable Housing Provisions

On October 29, 2020, the New York City Council passed Read More

NYC Buildings Receive Their First Energy Efficiency Grades

On October 1, 2020, buildings over 25,000 square feet in New York City received their first energy efficiency grades from the City Department of Buildings (“DOB”). Buildings must post the grade “in a conspicuous location near each public entrance to such building” ...

NYCDOB to Issue Local Law 97 Adjustment Guidance in January 2021  

Gina Bocra, the Chief Sustainability Officer for the New York City Department of Buildings (NYCDOB), recently announced that in January 2021, the agency expects to issue guidance on the process for obtaining an adjustment to buildings’ greenhouse gas emissions caps under Read More

New York City Council Considers Amendment to Local Law 97 Affordable Housing Provisions

On May 28, 2020, New York City Councilmember Costa Constantinides, among others, introduced a bill— Read More

Environmental Issues in Bankruptcy Sales

The economic distress ensuing from COVID-19 will likely result in more frequent sales of business assets and real estate under Section 363 of the Bankruptcy Code. Section 363 sales provide an expedited process to raise revenue and are designed to enable an asset purchaser to take assets “free and clear of any ...

Columbia University School of Law, J.D., Charles Evans Hughes Fellow

Columbia College, B.A., 1981, (Comparative Literature)

New York, 1987

New Jersey, 1987

Hon. Myron H. Thompson, Chief Judge, U.S. District Court, M.D. Alabama

President and Chair, New York City Climate Action Alliance

US Board Member, The Climate Group

Leadership Council Member, Environmental Law Institute

Former Chair, Environmental Law Committee, New York City Bar Association

Founder, Environmental Program, Vance Center for International Justice, New York City Bar Association