Best Oil, Gas & Energy Lawyers in Buffalo

About Oil, Gas & Energy Law in Buffalo, United States

Oil, gas and energy law in Buffalo sits at the intersection of federal, New York State and local rules governing the production, distribution, sale and environmental impacts of energy resources. Western New York is not a major oil or gas production center compared with other regions of the United States, but Buffalo and Erie County are affected by energy issues that include natural gas distribution, interstate pipelines, electric generation and transmission, energy efficiency and renewable energy siting, industrial fuel storage, storage tank regulation, and cleanup of legacy contamination from past industrial activities. Regulatory oversight comes from several state and federal agencies, and local land use and zoning rules can shape where energy facilities are sited. Because energy projects often touch property rights, environmental standards and utility regulation, people interacting with the sector often need specialized legal help to protect their interests.

Why You May Need a Lawyer

Lease and contract negotiation - If you are a landowner offered a lease for oil, gas or mineral rights or you are entering contracts with energy companies for easements, rights-of-way or hosting of equipment, a lawyer can review terms on royalties, lease duration, surface use, indemnity and termination rights so you know what you are signing and how to protect long-term interests.

Royalty and payment disputes - Energy contracts and royalty working interests can produce disputes about proper accounting, deductions, measurement, and audit rights. An attorney with energy contract experience can analyze records, demand audits, and pursue recovery if payments are understated or withheld.

Eminent domain and condemnation - Interstate pipelines and utility projects sometimes use eminent domain procedures to secure rights-of-way. A lawyer can advise landowners about valuation, negotiation strategies and court processes to obtain fair compensation and limits on surface use.

Permits, regulatory compliance and enforcement - Companies and individuals facing permitting decisions, permit denials, or enforcement actions from state or federal agencies will benefit from legal help navigating permit applications, appeal processes and defending against fines or orders to remediate contamination.

Environmental contamination and cleanup liability - If a spill, leak or historic contamination affects your property or nearby public resources, lawyers can help determine liability, coordinate with regulators, negotiate remediation plans, and, if necessary, bring claims for property damage, lost use or medical monitoring.

Siting and zoning disputes - Local governments control land use through zoning and permitting. Residents and developers often need counsel to engage in local hearings, challenge approvals, or obtain variances for renewable projects, fuel storage facilities or other energy infrastructure.

Utility and rate issues - Customers and community groups affected by utility rates, service quality or reliability can require representation in proceedings before the state public service regulator or in administrative appeals.

Accidents, personal injury and property damage - Accidents related to pipelines, storage tanks or industrial facilities that cause injury or property damage may justify personal injury or property claims and require attorneys experienced in complex litigation and technical proof.

Transaction and project development - Developers, investors and landowners involved in renewable energy projects, facility acquisitions or energy contracting need counsel to manage due diligence, title and mineral issues, interconnection agreements and regulatory approvals.

Local Laws Overview

New York State regulatory framework - Many of the most important rules are administered at the state level. The New York State Department of Environmental Conservation - DEC - enforces environmental rules including spill reporting, soil and groundwater cleanup standards, and air and water permitting. The New York Public Service Commission - PSC - regulates utilities, certain siting matters for large electric generating facilities and public rate matters. The New York State Energy Research and Development Authority - NYSERDA - administers incentive programs and policies for energy efficiency and renewable deployment. New York also has a strong state policy on reducing greenhouse gas emissions through the Climate Leadership and Community Protection Act - CLCPA - which shapes permitting and project priorities.

Hydraulic fracturing policy - New York State has prohibited high-volume hydraulic fracturing for oil and gas development since the state DEC finalized a policy decision in 2015. That ban affects the possibility of new fracking-based production in the state, though legacy oil and gas wells and other conventional activities may remain subject to regulation.

Permits and approvals - Typical regulatory permits relevant in Buffalo include discharge permits under the State Pollutant Discharge Elimination System - SPDES - air emission permits, waste and hazardous substance handling permits, stormwater permits for construction, and freshwater wetland or Section 401 water quality certifications where projects affect waterways. Local building and fire department permits apply for storage tanks and on-site installations.

Pipeline and interstate transport - Interstate natural gas pipeline projects are subject to federal approval by the Federal Energy Regulatory Commission - FERC - and safety regulation by the Pipeline and Hazardous Materials Safety Administration - PHMSA. Landowners facing pipeline easement requests may see federal filings and state condemnation proceedings if a certificate of public convenience and necessity is granted.

Zoning and municipal controls - Cities and towns in Erie County manage local land use through zoning codes, special use permits and site plan review. Municipalities may limit locations for industrial storage, distribution facilities and large renewable energy projects, but state and federal law can sometimes preempt local rules in areas where interstate utility or environmental regulation applies.

Property and mineral rights - New York follows state property law principles about severed mineral rights, surface use, and leases. If mineral rights have been severed from surface ownership in past conveyances, the owner of the mineral estate may retain certain rights to explore or extract resources. Surface use agreements and carefully drafted lease terms are important where both surface and mineral estates are at issue.

Environmental liability and remediation - New York has its own statutes and programs for contaminated site cleanup including the State Superfund Program and the Brownfield Cleanup Program. Liability can be strict and potentially affect current owners, operators and prior owners depending on the facts. Federal rules such as CERCLA may apply to complex contamination incidents with interstate effects.

Frequently Asked Questions

Can I drill for oil or gas on my Buffalo property?

In most cases you cannot drill without permits and without ensuring you own the mineral rights. New York State currently bans high-volume hydraulic fracturing, so large-scale fracking is not permitted. Conventional drilling requires DEC approval, local permits, and compliance with environmental regulations. If your deed has severed mineral rights, mineral owners may have separate rights. Consult a lawyer to review title, leases and permitting requirements before proceeding.

Is hydraulic fracturing allowed in New York?

No. New York State adopted a prohibition on high-volume hydraulic fracturing in 2015. This means hydraulic fracturing operations of the type used in many shale plays are not permitted in the state. Other countries of activity like well stimulation earlier than the ban and conventional drilling remain governed by DEC rules.

Who regulates pipelines that run near Buffalo?

Interstate pipelines are primarily regulated at the federal level by the Federal Energy Regulatory Commission for siting certificates and by PHMSA for safety standards. State agencies like the DEC and the New York Public Service Commission may also have roles, and local municipalities can regulate some aspects of construction and land use. Landowners approached for easements should carefully review any federal filings and seek legal advice.

What should I do if I find contamination on my land?

First, avoid disturbing the area and keep a record of when and how you discovered contamination. For an active spill or safety concern, report to the New York State DEC spill hotline and local emergency responders. For property impacts, hire qualified environmental consultants to assess the contamination and consult an attorney experienced in environmental law to evaluate liability, reporting obligations, remediation options and potential recovery for damages.

How are oil and gas royalties calculated in New York?

Royalty calculations depend on the lease terms. Common formulas reference a fraction of the gross production value, often one eighth or similar, with deductions for post-production costs varying by contract. Interpretation disputes are common, especially over pricing points, transportation or processing deductions, unitization and measurement. A lawyer or accountant familiar with energy royalty audits can review accounting and pursue adjustments or litigation if necessary.

Can a utility condemn my land for a pipeline or electric line?

Utilities and holders of certificates of public convenience may have the authority to initiate eminent domain proceedings to acquire necessary rights-of-way, subject to statutory procedures and court review. Landowners have rights to contest valuation and may negotiate compensation and conditions. Consulting counsel early in the process helps protect property interests and secure more favorable outcomes.

Do I need a permit to install an oil storage tank or fuel tank on my property?

Yes. Installation of above-ground and underground storage tanks is regulated. Permitting requirements vary by tank size, contents and location. State and local fire codes, DEC spill prevention rules and local building departments may all require permits, inspections and registration. Failure to obtain required permits can lead to fines and costly remediation obligations if a leak occurs.

How can residents oppose a proposed energy project or pipeline?

Residents can participate in public comment periods for permit applications, attend municipal hearings and use administrative appeal processes. Legal strategies include challenging permit sufficiency, raising environmental review concerns, asserting zoning or land use violations, and negotiating community benefits or mitigation measures. Working with local advocacy groups and obtaining counsel familiar with administrative and environmental law strengthens public engagement.

What protections exist if a pipeline or facility causes an accident or injury?

Victims may have claims for personal injury, wrongful death, property damage and negligence against operators or contractors. In some cases federal law or state utility protections may apply. Collect evidence, document injuries and losses, preserve damaged property and consult a lawyer promptly to preserve claims and comply with notice deadlines.

How do I find a qualified oil, gas and energy lawyer in Buffalo?

Look for attorneys licensed in New York with specific experience in energy, environmental or utility law. Ask about prior cases or transactions similar to yours, familiarity with local regulators and courts, fee structures and references. Initial consultations help you evaluate fit. For lower-income individuals with environmental harms, consider contacting local legal aid clinics or law school clinics that handle environmental and energy matters.

Additional Resources

New York State Department of Environmental Conservation - DEC - responsible for environmental permitting, spill response, contaminated site cleanup and enforcement. DEC guidance and regional offices are the starting point for state environmental permits and reporting.

New York Public Service Commission - PSC - regulates utilities, electric generation siting for larger facilities and public rate cases. The PSC handles complaints and formal proceedings involving utility service and rates.

New York State Energy Research and Development Authority - NYSERDA - provides information and incentives for renewable energy, energy efficiency, and community energy programs, and can be a resource for developers and residents interested in clean energy projects.

Federal Energy Regulatory Commission - FERC - reviews interstate natural gas pipeline certificates and certain electric transmission matters. FERC proceedings can affect projects that cross state lines or serve interstate markets.

Pipeline and Hazardous Materials Safety Administration - PHMSA - sets federal pipeline safety standards and incident reporting requirements and provides technical guidance on pipeline safety inspections and enforcement.

U.S. Environmental Protection Agency - EPA Region 2 - handles federal environmental programs in New York, including hazardous waste, Superfund and certain water and air programs that overlap state authority.

Erie County and City of Buffalo planning and permitting offices - local contacts for zoning, building permits, site plan review and local environmental controls that affect where and how energy facilities may be sited within municipal boundaries.

Local utility companies and emergency responders - for safety concerns, service outages, or suspected leaks, contact the local utility and local emergency services. Utilities can provide immediate safety guidance and may coordinate emergency responses.

Next Steps

Gather documents - Collect deeds, lease agreements, correspondence from regulators or companies, inspection reports, photos and any records of payments or damages. Organized documentation strengthens legal consultations and potential claims.

Preserve evidence - Avoid altering or removing potentially damaged structures or contaminated materials before professional assessment unless necessary for safety. Make detailed notes of observations, dates and contacts.

Contact regulators if there is an active hazard - For spills, leaks, immediate safety threats or drinking water impacts, report to the New York State DEC and local emergency responders. Prompt reporting can trigger emergency containment and reduce further harm.

Request an initial legal consultation - Seek an attorney who handles energy, environmental or utility matters. Ask about experience with similar local issues, likely timelines, potential costs and whether an initial case assessment is available. Many attorneys offer limited-scope consultations or will charge a flat intake fee.

Consider technical experts - Complex claims often require environmental consultants, engineers or economists to document contamination, measure damages or assess technical compliance. Your lawyer can help identify and coordinate experts.

Understand costs and next steps - Discuss fee arrangements, billing practices, and whether your matter warrants immediate action such as filing administrative appeals, submitting FOIL requests or initiating negotiation. Decide on short-term protective measures and a strategy for pursuing long-term resolution.

Get local support - Community organizations, municipal officials and neighbors can be valuable allies for information, public comments and coordinated responses. Public participation can influence permitting decisions and bring attention to safety or environmental concerns.

Legal disclaimer - This guide provides general information only and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed New York attorney experienced in oil, gas and energy matters.