»BACK TO ATTORNEYS

Scott M. Lupiani

Scott Lupiani is a Special Counsel in the firm’s Environmental and Criminal Law practice groups. He defends lawsuits and enforcement actions brought by environmental groups, citizens, USEPA and DEC.  In addition Mr. Lupiani handles criminal cases and proceedings. He provides representation to clients in all types of criminal matters from the investigation stage through trial; including traffic offenses, DWI and drug related offenses, misdemeanors, and felonies. This representation also includes environmental crimes and federal criminal prosecutions. Mr. Lupiani has assisted numerous non-citizens in removal proceedings resulting from criminal convictions and/or criminal activity that did not lead to a criminal conviction. 

Mr. Lupiani advises clients on environmental due diligence, environmental risk assessment and management associated with commercial and residential real estate transactions including “all appropriate inquiry” standards, successor liability, and asbestos and mold issues. He has also represented and counseled clients with respect to Brownfields, voluntary cleanups of contaminated property, New York State Environmental Quality Review Act (SEQRA), United States National Environmental Policy Act (NEPA), and has worked extensively with the United States Environmental Protection Agency (USEPA), the New York State Department of Environmental Conservation (NYSDEC), the New York State Office of Parks, Recreation, and Historic Preservation, New York State Education Department, and United States Corps of Engineers.

Mr. Lupiani also represents and counsels clients in defense of federal, state, and local (i.e. US EPA, NYSDEC, NYSDOL, County Department of Health) agency enforcement and compliance actions related to CERCLA, RCRA, EPCRA, NYPBS, NYCBS, CWA, as well as spill release reporting, asbestos abatement and reporting, mold, lead-based paint, petroleum and chemical bulk storage, and hazardous material inventory reporting.  

Mr. Lupiani also has experience in managing Superfund and RCRA corrective action cases involving agency enforcement and litigation, multi-party case litigation, remediation, cost recovery issues, and negotiations of settlements.

Prior to practicing law, Scott served in the United States Army from 1992-2003, resigning his commission to focus on the practice of law.  During his military career, Scott received numerous Army and battalion-level awards and commendations for his exemplary service to the United States.  Scott’s military experiences contributed to his ability to maintain a can-do attitude, while at the same time allowing him to focus on detail with a client-centric work ethic. 

Education & Military Service:

  • J.D., State University of New York University at Buffalo School of Law

  • B.A., State University New York College at Brockport

  • U.S. Army, 1992-2003

Admitted to Practice:


  • State of New York

  • United States Federal Court

Practice Areas:

 

  • Environmental

  • Criminal

  • Insurance Defense

Honors & Activities:

  • Attorney Advisor, New York State high School Mock Trial Competition, Mount St. Mary’s Academy, 2008-Present

  • Guest Lecturer – State University at Buffalo – Property Development, Construction, and Environmental Review

  • Lecturer – Erie County Bar Association, Noonday Lecture Series – Environmental Considerations and Pitfalls Common in Commercial Transactions

 

Email: slupiani@watsonbennett.com