Barclay Damon
Barclay Damon

Charles C. Martorana

Charles C. Martorana

Partner

p: 716.566.1512

f: 716.846.1208

icon_email cmartorana@barclaydamon.com
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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

Charlie Martorana is an experienced and accomplished advocate and adviser for corporate, governmental, and individual clients whose practice focuses on developing practical and effective solutions to disputes arising from a variety of commercial, environmental, governmental, and land use matters, including federal and state court litigation at both the trial and appellate levels.

Charlie has represented various clients in commercial matters involving business, corporate, and governmental disputes, unfair trade practices, contracts, RICO violations, class actions, and injunctive relief matters. He has obtained favorable court judgments and orders as well as successfully negotiated settlements of various disputes involved in mediation and litigation proceedings in state and federal courts, including appeals to the New York State Court of Appeals and US Court of Appeals for the Second Circuit.

His litigation experience also includes a variety of actions for plaintiffs and defendants at the trial and appellate levels in New York State Article 78 proceedings and declaratory judgment actions challenging and defending governmental actions in State Environmental Quality Review Act (SEQRA) and land use, rezoning, and land use permit proceedings, as well as prosecution and defense service for business and governmental clients in multi-party environmental based litigation for property and personal injury damages and Clean Water Act compliance and enforcement matters.

Charlie’s practice also involves a wide area of service for both corporate and governmental clients, including the negotiation of complex private public partnership contracts, particularly focused on public water and wastewater projects, energy performance contracts, the creation of water and sewer districts, public authorities, and public benefit corporations and promulgation of rules and regulations for such public corporations; compliance and training with the New York State Public Authorities Accountability Act (PAAA); and negotiation of intergovernmental agreements.

Representative Experience

  • Lead attorney representing several business and not-for-profit corporations in various corporate matters, including real estate development, negotiation and preparation of contracts, leases, service agreements, training Boards of Directors members, preparation and updates of by laws, compliance and advice on inquiries, investigations, audits, and other proceedings of federal and state regulatory agencies.
  • Lead attorney negotiating and completing the settlement of federal and state claims involving various environmental laws and other compliance matters on behalf of municipalities and public benefit corporations through consent decrees and administrative orders.
  • Lead attorney for a national company’s litigation, including appeals to the Rhode Island Supreme Court and US Court of Appeals for the Second Circuit successfully establishing client’s contract rights.
  • Lead attorney for a national company’s litigation to ensure its ability to do business in New York; challenged by the Attorney General and various county clerks, including successful appeal to the New York State Court of Appeals.
  • Lead attorney defending a municipality against claims of approximately 250 residents who alleged personal and property damages arising from environmental contamination, including a structured settlement of such claims.
  • Lead attorney representing a state public authority to acquire approximately 120 acres of land adjacent to its airport, including a settlement of multi-year eminent domain litigation and damage claims for interference with business and use of commercial/industrial real estate and environmental contamination.
  • Lead attorney negotiated a unique public private partnership between a state public authority and international company to manage the authority’s public water system.
  • Lead attorney for a municipality to spin off its public water and wastewater services to a state public authority, including drafting of state law, creation of public authority and negotiation of complex acquisition, operation, management, and intergovernmental agreements.

Practice Areas

Education

  • University at Buffalo School of Law, J.D., 1980
  • Columbia University, B.A., 1974

Admitted To Practice

  • New York, 1981
  • U.S. District Court, Western District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. Court of Appeals, 1st and 2nd Circuits

Memberships & Affiliations

  • New York State Bar Association, Sections on Corporate Law, Real Property Law, Environmental Law, and Municipal Law
  • Erie County Bar Association, Committees on Real Property Law, Environmental Law, and Municipal Law
  • New York Water Environment Association

Civic Activities

  • Legal Aid Bureau of Buffalo, Inc., Board of Directors Member
  • Police Athletic League of Buffalo, Inc., Board of Directors Member
  • Rotary Club of Buffalo, Inc., Board of Directors Member and Former Board President
  • Buffalo Rotary Foundation, Former Board President
  • Saint Mary’s School for the Deaf, Inc., Former Board Director and Officer
  • Buffalo Green Fund, Inc., Former Board Director and President

Speaking & Publications

  • "The New ASTM Phase I Standard and Its Conformance to All Appropriate Inquiry Under the Federal Requirements," Bar Association of Erie County Environmental Law Committee CLE, May 2, 2014
  • "Compliance with Public Authorities Reform Act (PARA)," New York Water Environment Association Conference, February 2011
  • "Current Developments With MERS in New York," New York State Bar Association, 2010
  • "Building Infrastructure Through Public Private Partnerships," New York Water Environment Association Conference, February 2010
  • "Energy Performance Contracts," New York Government Finance Officers Association Conference, July 2009
  • "Energy Performance Contracts," New York Water Environment Association Conference, February 2009
  • "Current Issues in Storm Water Regulation," New York Water Environment Association Conference, February 2008
  • "CSO/SSO Compliance & Enforcement: What’s in Your Future?" Greater Buffalo Environmental Conference, March 2007
  • “Compliance With New York Public Authorities Accountability Act," New York Water Environment Association Conference, February 2007
  • “Real Estate Development From Beginning to End in New York,” Lorman Education Services, September 2005

Honors

  • ALM Top Rated in Energy, Environmental, and Natural Resources for Environmental, Real Estate, Land Use and Corporate
  • Clifford Wilson Award for Excellence in Mentoring
  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability

Prior Experience

  • Hiscock & Barclay, LLP, Partner