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Pamela
Esterman

Principal

Pamela
Esterman

Principal

Pamela has over 30 years of experience practicing environmental law. Her diverse experience includes compliance counseling; litigating multi-party allocation proceedings; representing project sponsors in obtaining permits for residential and industrial development projects, and climate change planning. Additionally, she has assisted clients with corporate and real estate transactions, due diligence investigations, environmental audits and brownfields site redevelopment. Pamela also regularly advises clients concerning ethics and professional conduct matters.

Pamela is an experienced mediator. She serves as a court appointed mediator for the United States District Court, Southern and Eastern Districts and the Supreme Court of New York, Commercial Division, as well as the District of New Jersey. She has successfully mediated hundreds of disputes including environmental, land use, FLSA, ADA, real property, contracts, insurance coverage, construction defects and delays, professional malpractice, business/commercial transactions, personal injury, employment discrimination, civil rights, and toxic tort claims. She is also a trained arbitrator. Pamela has also designed dispute resolution procedures in numerous cases and also served as a discovery master. She regularly provides training on effective dispute resolution skills at various forums including the New York City Bar Association and the American Bar Association.

Since 1997, Pamela has served as co-planning chair for the annual American Law Institute (ALI CLE) Environmental Law Conference in Washington, D.C. She writes and speaks regularly on topics related to environmental law, ethics and alternative dispute resolution. She has served on the faculty of numerous institutions including the American Bar Association, the New York State Bar Association, the New Jersey Bar Association, Practicing Law Institute, and Lawline. Pamela currently serves as an adjunct professor at Hofstra Law School, where she teaches Environmental Law. She formerly served as an adjunct professor at the Elizabeth Haub School of Law at Pace University where she taught Environmental Dispute Resolution.

 

Representative Experience:

  • Successfully mediated numerous Fair Labor Standards Act (FLSA) claims including one with over 100 plaintiffs,
  • Successfully mediated multiple oil spill cases involving claims for personal injury and property damage,
  • Successfully mediated a multi-party benzene toxic tort case,
  • Successfully mediated numerous employment discrimination matters including matters based on sexual harassment, national origin, pregnancy, and age claims,
  • Successfully mediated numerous cases brought under the Americans With Disabilities Act (ADA),
  • Successfully mediated numerous construction defect and/or delay cases,
  • Successfully mediated over 50 Superstorm Sandy insurance coverage cases,
  • Arbitrated a multi-million construction defect/construction delay claim,
  • Represented defendant manufacturer in a toxic tort litigation involving the alleged discharge of heavy metals,
  • Represented several potentially responsible parties in a cost recovery action where the total estimated claim was over $400 million,
  • Served as liaison counsel for a group of transporter defendants in a contribution action,
  • Advised purchaser of a waste transport business regarding acquisition of waste transfer facilities,
  • Assisted a private land developer with a range of permitting issues concerning a multi-use large scale redevelopment project,
  • Served as the “at-large trustee” for the Anadarko Litigation Trust in the $5.15 Billion settlement of the Tronox, Inc. bankruptcy proceeding,
  • Assisted in successfully permitting an 80 MW electric power co-generation facility in upstate New York,
  • Counsel to the developer of a hazardous waste landfill project in upstate New York,
  • Assisted in environmental impact analysis and permitting of multiple high-rise buildings in New York City
Received “AV” rating in Martindale & Hubbell (2000-present)
2013 Top Rated “Women Leaders in the Law” American Lawyer Magazine
2009 Founders Award, Kheel Center for the Resolution of Environmental Disputes
1982 National Summer Scholar, Environmental Law Institute

“Clean Water Act Course”

For: Panelist, American Law Institute

2007-present

“Ethical Issues in Environmental Law”

For: ALI-ABA

February 2003-present

“Annual Environmental Law Course”

For: Co-chair and panelist, American Law Institute-American Bar Association

1997-present

“Ethical Considerations for Environmental Lawyers”

For: American Law Institute Continuing Legal Education - Environmental Law 2017

February 2017

“Annual ABA Conference on Environmental Law”

For: Co-planning Chair and Moderator

2009, 2014

“Recovery and Rebuilding After Superstorm Sandy: Legal Perspectives in What We Know and Where We Go”

For: Panelist and Co-planning Chair, NY/NJ Bar Association

April 2013

“Recovery and Rebuilding After Superstorm Sandy: Legal Changes Required to Implement the NYS 2100 Comm. Policy Recommendations,” co-author

2013

“Ethics for Land Use Lawyers”

For: Speaker, Pace Law School

January 2011

“Climate Change Adaptation: Fostering Progress Through Law and Regulation,” co-author

For: New York University Environmental Law Journal, Vol. 18

November 1, 2010

“Effective Representation of Clients in Environmental Dispute Resolution,” co-author

For: 27 Pace Env. L.Rev. 61

2010

“The Resolution of Environmental Interest Disputes”

For: Panelist, ABA Dispute Resolution Section Annual Meeting

April 2009

“Changing Times-Changing Practice: Effective Legal Strategies to Resolve New Environmental Disputes”

For: Co-planning Chair and Moderator, Pace Law School

January 2009

“Annual Conference on Environmental Law”

For: Moderator, Ethics Panel

March 2009

“Ethical Considerations for the Environmental Lawyer,” The Practical Real Estate Lawyer

For: The Practical Real Estate Lawyer

Article Title: Ethical Considerations for the Environmental Lawyer

Nov. 2008

“The Resolution of Environmental Interest Disputes”

For: Co-chair, City Bar Association

November 2008

“Women in Negotiation”

For: Co-chair, City Bar Association

October 2006-2008

“Legal Ethics in New York”

For: Presenter, Lorman

September 2007

“Ethics in Mediation and Settlement Negotiation”

For: Co-chair, City Bar Association

April 2007

“New Solutions to Environmental Problems in Business and Real Estate Deals”

For: Panelist, Practicing Law Institute

November 2001-2004

“Real Estate and the Environment: NY’s New Brownfields Law”

For: Panelist, NYSBA

May 2004

“Reporting Obligations and Ethical Issues Confronting Environmental Lawyers”

For: Practicing Law Institute

December, 2001 and November, 2002

“The Use of Alternative Dispute Resolution in Land Use Cases”

For: The Center for American and International Law

June, 2002

“Ethical Issues in Environmental and Land Use Matters”

For: The American Law Institute and the American Bar Association

February, 2001

“Book Chapter on Administrative Agency Relationships in New York Environmental Law and Regulations”

For: West and Supplements

1996 and 1997-2001

“Retail Property Development: Current Trends and Practice”

For: Panelist, Practicing Law Institute

1999-2001

“The Role of Mediation in Local Land Use Disputes”

For: The New York State Association of Towns Annual Meeting, Presenter

1999 and 2000

“Managing Environmental Issues in Property Acquisitions,” co-author

For: The Practical Real Estate Lawyer, Vol. 15 and Practicing Law Institute

March 1999 and Sept. 1999

“‘Fold or Fight’ the Changing Settlement Calculus in CERCLA Enforcement Actions,” co-author

For: Vol. lX Fordham 469

1998

“Book Chapter 11-C- Alternative Dispute Resolution,” co-author Matthew Bender

For: Environmental Law Practice Guide

1998

Syracuse University College of Law, J.D., 1983

State University of New York, M.S., 1983

University of New Hampshire, B.S., 1979

New York

New Jersey

Acting Village Justice, Village of Ocean Beach (2006-present)

Certified court mediator, EDNY, SDNY, Commercial Division (New York and Westchester Counties), District of New Jersey (1989-present)

American Bar Association, Section on Environment, Energy, and Resources

Co-Chair, Committee on State Bar Cooperation

Vice-Chair, Committee on Alternative Dispute Resolution

NYSBA Dispute Resolution Committee, Chair, ADR in Government Committee

City Bar, Environmental Law Committee (2008-2011); Alternative Dispute Resolution Committee (2003-2008)

Chair, Ethics Committee, Village of Ocean Beach, NY

Co-Chair of Advisory Board, Kheel Center for the Resolution of Environmental Disputes

Adjunct Professor, Pace Law School (2009-10)

Member, NYSBA Climate Change Initiative Task Force

Co-planning Chair, Annual ALI CLE Environmental Law Course

AAA Mediator, Post-Sandy Mediations