Mr. Puchner focuses his practice on energy, environmental law and telecommunications, with an emphasis on regulatory matters, compliance, permitting and siting, as well as regulatory litigation. In the energy sector, Mr. Puchner has assisted clients with regulatory matters before the New York State Public Service Commission (PSC) and the Federal Energy Regulatory Commission. Mr. Puchner has defended Energy Service Companies (ESCOs) with compliance investigations and enforcement matters by the New York Public Service Commission, New York State Attorney General and New York State Department of State Do Not Call Program. He has handled numerous high-stakes litigations before agencies and courts involving energy companies, such as regulatory challenges, license revocation, billing disputes with utilities and customers, as well as class actions. He regularly assists with all matters related to development of renewable energy projects, including local approvals and SEQRA reviews, power purchase agreements, solar leases, and project legal and regulatory issues (such as PSC regulations, utility tariffs, Energy Law Article 9, Real Property Tax Law Section 487, and Agriculture and Markets Law). He also assists in proceedings under Public Service Law Article 10 (generation facility siting) and Article VII (transmission facility siting), and guides clients with New York State’s new Accelerate Act and regulations by the Office of Renewable Energy Siting.
With respect to environmental and land use law, Mr. Puchner assists clients with New York’s exceedingly complex environmental and land use regulatory regimes. Mr. Puchner regularly assists project developers, solar developers, as well as telecom carriers and tower companies with right-to-build approvals under land use and zoning laws, and with related environmental impact reviews, including SEQRA and NEPA. Mr. Puchner has worked extensively on environmental impact reviews for large scale infrastructure and private development projects. He also has extensive expertise working with the Adirondack Park Agency on permitting and compliance matters. In addition, Mr. Puchner brings deep experience with State and Federal regulatory issues, including permitting and compliance matters under RCRA and other complex environmental regulatory programs, as well as Superfund clean-ups, brownfield projects and petroleum spills (under New York’s Navigation Law).
In the telecom sector, Mr. Puchner regularly assists carriers and tower companies with land use and zoning approvals for new towers and modifications/upgrades to existing facilities. Mr. Puchner has obtained numerous telecom approvals from the Adirondack Park Agency. His reputation with agency staff and knowledge of the Adirondack Park Agency’s process often enables him to obtain quick approvals resulting in significant savings for the firm’s clients. He also frequently assists telecom companies with obtaining Certificates of Public Convenience and Necessity from the New York State Public Service Commission.
Mr. Puchner regularly assists clients with administrative-based litigation in his substantive areas of expertise, both before administrative agencies and in the courts.
Mr. Puchner has been recognized by Chambers USA for excellence in energy law for six years. In addition, the firm has been recognized by Chambers USA for outstanding capabilities in environmental law for 15 consecutive years.
Panelist, “New York State Proposes Transformational Economy-Wide Energy Roadmap for Meeting 2030 Targets,” Phillips Lytle Energy Law Webinar, July 2020
Presenter, “How to Navigate Solar Energy Projects,” 2019 New York State Economic Development Conference, January 2019
Presenter, “Distributed Energy Resources: How did we get here and where are we going?,” Air and Waste Management Association Eastern New York Chapter Lunch Meeting, October 2018
Speaker, “ESCOs: Is Your Company’s Cybersecurity Plan Ready to Be Examined?,” Phillips Lytle Webinar, May 2018
Panelist, “Environmental Laws and Their Impact on Deployment of Wireless Facilities,” Second Annual Comprehensive Conference on Legal Developments for Deployment of Local Wireless Facilities, Law Seminars International, February 2015
Activities & Professional Associations
Present Activities
Village of Valatie Zoning Board of Appeals, Member
Professional Associations
Air and Waste Management Association
Northeast New York Chapter, Director, 2013-2015
Albany County Bar Association
American Bar Association
Section of Environment, Energy, and Resources (SEER)
