Ashley S. Miller, Associate

Ashley, a 2004 graduate of New York University School of Law, concentrates his practice on environmental law, land use issues, and litigation. His work includes brownfields redevelopment, environmental impact reviews, and litigation for recovery of cleanup costs for hazardous materials and petroleum contamination in state and federal courts. He is experienced in litigation to compel cleanup of public water supply contamination, research into the origins of historic contamination, negotiation of environmental liabilities in corporate transactions, advice to non-profit corporations on environmental and organizational matters, and due diligence matters.

Ashley has worked on the environmental aspects of various types of land use approvals, including rezonings, comprehensive plans, special permits, and compliance with New York City (E) Designations for hazardous materials, noise attenuation, and air. He has experience with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), the Resource Conservation and Recovery Act (RCRA), the New York State Environmental Quality Review Act (SEQRA), the Coastal Zone Management Act (CZMA), and the Safe Drinking Water Act (SDWA), and the New York Navigation Law.

While in law school, in addition to coursework in land use and environmental law, he served as Executive Editor of the NYU Environmental Law Journal, and conducted research into regulatory takings law in both the domestic and international contexts. He also participated in the environmental law clinic at the Natural Resources Defense Council. Prior to law school Ashley worked for the Environmental Defense Fund in the New York media department.

Areas of Practice:

Environmental Law and Litigation
Development and Land Use
General Litigation

Education:

• New York University School of Law, J.D. 2004, Robert McKay Scholar
• Columbia University, B.A., 1999, cum laude

Affiliations:

International Environmental Law Committee, New York City Bar
Columbia Alumni Representative Committee
Accredited as LEED Green Associate, U.S. Green Building Certification Institute

Publications:

• Environmental Law: Developments in the Law of SEQRA, 2009, 60 Syr. L. Rev. (2010) (with Mark Chertok, forthcoming)
• Cleanup & Liability: Fundamental Issues in Hazardous Materials Litigation, American Law Institute-American Bar Assoc. Course of Study in Environmental Law (Feb. 2010) (with Daniel Riesel)
• Analysis of Climate Change Impacts in New York Under SEQRA, 59 Syr. L. Rev. 763 (2009) (with Mark Chertok)
• Court Grants EPA Discretion in When to Issue Superfund Regulations, Int'l Law Office Newsletter (Aug. 17, 2009)
• When New Data Gives Way to Claims Over Old Contamination, New York Law Journal, April 1, 2009, at 4 (with Steven Russo)
• New Wine in Old Bottles: Court Rules Residents Can Bring Suit for Effects of Old Contamination Based on New Data, Springboard, Legal Trends & Analysis, at 2 (Winter 2008)
• New Superfund Uncertainties Hamper Cleanup and Development, Int'l Law Office Newsletter (Nov. 13, 2006) (with Daniel Riesel)
• Determining Liability and Allocation of Response Costs in Hazardous Materials Litigation, in New York State Bar Association, Transactions and the Environment: Contaminated Property Issues in Real Estate and Corporate Matters, at B-49 (June 2006) (with Daniel Riesel)
• Municipal Law Update: Court of Appeals Holds That Elevated Takings Scrutiny Does Not Apply to Cases Involving Development Restrictions, Springboard, Legal Trends & Analysis, at 3 (Summer 2005) (with Steven Barshov)
• Nature and Property: A Riparian Law Perspective, 34 Envtl. L. Rep. 10704 (2004)
• Developing Regionalism, 11 N.Y.U. Envtl. L.J. 842 (2003) (reviewing Peter Calthorpe & William Fulton, The Regional City: Planning for the End of Sprawl)

Presentations:

• Speaker, Legal Issues Facing Green and Sustainable Initiatives, Princeton Club of New York, Green Resources Forum (February 2010)
• Moderator, Contaminated Property Issues in Real Estate and Corporate Matters, New York State Bar Association, Contracts Negotiations Panel (June 2006)