Rosemary Stack.jpg

Rosemary Stack, Esq.

Of Counsel 

Email: rstack@bdflegal.com

Telephone: (315) 399-4343

 

For over thirty years, Ms. Stack’s practice has focused on representing the interests of the construction materials industry.  Over that time, Ms. Stack has become one of the most knowledgeable and experienced mining attorneys in New York State.  Ms. Stack’s experience with the mining industry entails overseeing the permitting and environmental review process before governmental agencies, including the New York State Department of Environmental Conservation and local municipalities.  Ms. Stack handles all permitting and litigation that may result from obtaining mining permits, land use and zoning approvals and other environmental and land use permits, including representing clients at administrative hearings and appearances before local boards and in court proceedings.  Ms. Stack advises clients on issues relating to compliance with environmental laws and regulations including the State Environmental Quality Review Act (SEQRA) and the Mined Land Reclamation Law (MLRL).  Ms. Stack has successfully permitted asphalt plants, ready mix concrete plants, quarries and sand and gravel operations.  In addition, Ms. Stack has also successfully obtained zoning approvals spanning a multitude of land uses – from individual homeowner variances and special use permits for small business to all zoning permits and approvals needed for a multi-use industrial facility. 


Legal Representation of Industry MemberS

  • Involved in over 25 cases challenging DEC’s Life of Mine Policy and SEQRA grandfathering including assisting in preparation of Appellate Brief in Matter of Atlantic Cement v. Williams.

  • Obtained decisions securing nonconforming use status of mining sites in both state court and before local zoning boards involving quarries and sand and gravel sites.

  • Secured SEQRA grandfathered rights for over 1,000 acres.

  • Successfully obtained rezoning to allow major quarry expansion.

  • Obtained all permits for new hot mix asphalt, ready mix concrete and aggregate processing facility including assisting in obtaining Empire Zone designation.

  • Successfully defended actions seeking to set aside permits for mines, asphalt plants and ready mix concrete facilities.

  • Appearances before town boards providing comments on proposed comprehensive plans, land use laws, wetlands and other environmental and land use restrictions.

  • Appearances before DEC Office of Hearings on mining permit applications.


Industry Association Positions 

  • ESCAPA Task Force on Amendments to Mined Land Reclamation Law—1989-1991.

  • Member of Board of Directors of ESCAPA (Term included vote on merger to form NY Materials)

  • Prior member of Board of Directors of NY Materials (two terms).

  • Associate Committee Chairperson (two terms).

  • Associate Workshop Committee 2009-2014.

  • Economic Study Committee.

  • Environmental Committee and the following Subcommittees:

    • Division of Mineral Resources, includes attendance at meetings with Central Office DMR staff.

    • Division of Environmental Permits, including attendance at meetings with Central Office DEP staff.

    • Affiliated Groups Subcommittee.

  • SEQRA Task Force.

  • Wetlands Task Force.

  • Natural Resources Smart Planning Initiative.

  • Legislative Task Force on proposed amendments to MLRL for Vested Rights.

  • Multi-Sector General Permit Revisions Task Force.

  • Contributing writer to NY Materials comments on proposed regulations and DEC policy documents including on the Endangered Species Act, SEQRA revisions, proposed wetlands legislation, and drafting of Industry White Paper, among others.

  • Committee to Interview and Retain Lobbyist.

  • Committee on Public Relations Firm.


Legal BackgrounD

Albany Law School, JD summa cum laude

Admitted to New York State Bar 1986

Judicial Law Clerk, Supreme Court, Appellate Division, Third  Department

Argued cases before 2nd, 3rd and 4th Appellate Divisions.

Member of NYS Bar Association, Environmental and Energy Law Section