William A. Hurst

William A. Hurst

Of Counsel

Bill is a litigator with a wide range of experience handling media law issues on behalf of publishers, broadcasters, and other content producers, as well as complex environmental and energy law matters on behalf of domestic and multi-national clients and Native American tribes. He has tried numerous jury and bench trials to verdict on various environmental and civil rights issues.

As part of the Firm's national media practice, Bill appears in state and federal courts around the country to oppose reporter's and newsroom subpoenas, to engage in public access litigation, and to defend defamation, invasion of privacy, and other publication-related claims. He also represents media clients in copyright and trademark infringement matters, particularly those that arise on-line, including "bet the company" litigation amongst media competitors.

Bill also handles cost recovery and cleanup litigation arising under all of the major federal environmental laws and their state or tribal analogues, including securing the productive re-use of distressed commercial properties, a/k/a “Brownfields.” He has defended numerous administrative enforcement proceedings before, and/or negotiated the terms of broad consent order with, the United States Environmental Protection Agency, New York State Department of Environmental Conservation, and other federal and state natural resource agencies on issues related to toxics handling and disposal, wetlands regulation, ground- and surface-water contamination, and air pollution. Bill has also assisted a federally-recognized Indian Tribe in the development, implementation, and enforcement of tribal environmental laws, rules, and regulations, and on government-to-government consultation issues, including pursuant to the National Historic Preservation Act and NEPA.

Bill also appears before the New York State Public Service Commission and Federal Energy Regulatory Commission on energy regulatory and siting matters involving domestic and multi-national corporations and tribes that own, operate, or are otherwise affected by electric generating facilities or that participate in financial markets trading on energy products.

Bill is also the pro bono coordinator for the Firm’s Albany, N.Y. office, and devotes significant time to the representation of international refugees, incarcerated juveniles, and other indigent or under-served populations.

Prior to joining Greenberg Traurig, Bill was a partner in a 250-member regional law firm.

Concentrations

  • Environmental and land use
  • Energy
  • Media and First Amendment
Mehr +

Expertise

Erfahrung

  • Russell v. Delaware Online, Civ. No. 15-794-SLR, 2016 U.S. Dist. LEXIS 80216 (D. Del. Jun. 20, 2016) (finding news report of arrest protected by fair report privilege, denying preliminary injunction, and granting media motion to dismiss complaint).
  • PSEG Long Island LLC v. Town of N. Hempstead, NY, 158 F. Supp. 3d 149 (E.D.N.Y. 2016) (annulling, on constitutional grounds, local ordinance requiring electric utility to post signs on utility poles disclosing alleged health risks of preservative wood treatments).
  • Matter of Derti v. Annucci, CA No. 521593, 2016 N.Y. App. Div. LEXIS 7979 (3d Dep’t Dec. 1, 2016) (in pro bono case, annulling and vacating for lack of substantial evidence prison disciplinary determination and resultant thirty-six month SHU penalty.)
  • Rivkin v. Century 21 Teran Realty, LLC, 10 N.Y.3d 344, 858 N.Y.S.2d 55 (2008) (obtained favorable decision from New York’s highest court in a case of first impression decided upon Certified Question from the United States Court of Appeals for the Second Circuit (494 F.3d 99 (2007)), defining and limiting the fiduciary duties of disclosure owed by certain classes of real estate agents to their purchaser-clients.)
  • Newsday, Inc. v. State Dep’t of Transp., 5 N.Y.3d 84, 800 N.Y.S.2d 67 (2005) (held, records indicating advisability of investigating particular highway locations based on accident rates subject to disclosure under FOIL) (on the brief).
  • Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) (vacating and remanding trial court order holding in abeyance media motion to intervene and unseal certain summary judgment motion papers in complex, high-stakes commercial case) (on the brief).
  • People v. Novak, 41 Misc.3d 749, 971 N.Y.S.2d 853 (County Court, Sullivan Co., 2013) (obtained trial court order (not appealed) quashing subpoena issued to non-party newspaper reporter seeking the production of unpublished notes and outtakes of reporter’s exclusive jailhouse interview with capital murder defendant.)
  • Patton v. O’Bannon, No. 2011 CA 0989, 2011 WL 6754099 (La. App. 1 Cir. Jan. 4, 2012) (granting media defendants’ special motion to strike and awarding costs pursuant to Louisiana’s SLAPP statute, Louisiana Code of Civil Procedure Ch. 971.)
  • Daniel O’Connell, as Admin. of the Est. of Patrick O’Connell, et al. v. Clough Harbour & Assoc., LLP, No. 08-CV-569 (TJM/DEP), 2010 WL 1729333 (N.D.N.Y. Jan. 15, 2010) (after extensive discovery proceedings in case arising from fatal collapse of state bridge, obtained summary judgment dismissing wrongful death claim asserted against private engineering firm that had conducted biennial bridge inspections under contract with the State of New York.) 
  • Highbridge Dev. BR, LLC v. Diamond Dev., LLC, 67 A.D.3d 1112 (3d Dep’t 2009) (obtained substantial modification of trial court summary judgment orders in land use dispute.)
  • Empire State Ethanol and Energy, LLC v. BBI Int’l, et al., 1:06-CV-1144 (GLS/DRH), 2009 WL 1813205 (N.D.N.Y. Jun. 25, 2009) (denying, in part, motion to dismiss and/or stay pending arbitration and motion for civil gag order in dispute concerning construction of renewable energy facility.)  
  • Defended licensed psychologist employed by State of New York in case arising from the death of a 13-year-old autistic boy while resident in a state-run institution for the developmentally disabled. Michael and Lisa Carey, as Admin. of the Est. of their son, Jonathan Carey v. Slingerland, et al., Case No. 09-cv-0163 (N.D.N.Y.) 
  • Represented intervenors in major relicensing and permitting proceedings, including the St. Lawrence/FDR Power Dam, Athens Generating Plant, and proposed St. Lawrence Cement Plant. 
  • Participated in the defense of an administrative enforcement action brought by the NYSDEC against the owner and operator of an underground liquefied petroleum gas (LPG) storage facility in Bath, New York. 
  • In pro bono representation, obtained federal jury verdict for inmate-plaintiff after multi-day trial based on finding of unconstitutional retaliation by prison officials for exercise of rights protected by the First Amendment to the United States Constitution.

°Some of the above matters were handled by Mr. Hurst prior to his joining Greenberg Traurig, LLP.

Anerkennung durch den Markt

  • Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Environmental Law, 2016
  • Director of Legal Services, Preservation League of New York State, Inc.
  • Member, Federal Bar Association
  • Member, New York State Bar Association
  • Member, American Bar Association

Ausbildung

Akademische Ausbildung
  • J.D., Albany Law School, 1997
    • Managing Editor for Business, Albany Environmental Outlook Journal
       
  • B.A., cum laude, State University of New York College at New Paltz, 1994
Zulassung
  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York
Sprache