Robert S. Rosborough IV
Robert S. Rosborough IV
Robert S. Rosborough IV joined Whiteman Osterman & Hanna LLP in September 2010. His practice focuses primarily on appellate, civil, administrative, environmental, and employment litigation, including extensive experience in CPLR Article 78 proceedings, land use and zoning matters, including religious land use matters, employment discrimination suits, OSHA matters, and appellate practice.
Mr. Rosborough is admitted to practice in all state courts in New York and the United States Court of Appeals for the Second Circuit and the United States District Courts for the Northern, Southern, and Western Districts of New York. He is a member of the New York State Bar Association and the Albany County Bar Association. Mr. Rosborough also serves on the Board of Trustees of the Saratoga County Historical Society.
In the wake of the drinking water contamination issues in Flint, Michigan and Hoosick Falls, Mr. Rosborough presented at the Association of Town’s drinking water program for municipal officials in June 2016 concerning how to avoid the potential civil and criminal liability municipalities and municipal officials face when their drinking water supplies become contaminated.
In a presentation to municipal attorneys and officials at the Association of Towns Annual Meeting in February 2016, Mr. Rosborough and Firm Partner Terresa Bakner gave a overview of recent case law developments in New York under the federal Religious Land Use and Institutionalized Persons Act and state common law and provided strategies for municipal boards to minimize the risk of religious land use litigation.
With Firm Co-Managing Partner Philip Gitlen, Mr. Rosborough published “Subsequent Owners of a Former Hazardous Waste Treatment, Storage, or Disposal Facility Are Not Strictly Liable to Financially Guarantee Cleanup Under RCRA” in the New York State Bar Association’s New York Environmental Lawyer Journal (Spring/Summer 2015). This article examines the Appellate Division, Third Department’s holding in Matter of Thompson Corners, LLC v New York State Department of Environmental Conservation, in which the Court held that subsequent property owners of former RCRA treatment, storage, or disposal facilities cannot be held strictly liable to financially guarantee cleanup without regard to their own fault, and the decision’s implications on redevelopment of New York’s brownfield sites.
With Firm Partner David Everett, Mr. Rosborough published “Home Rule Upheld in Hydrofracking Case” in the New York Planning Federation’s Planning News (June 2013). This Article discusses the Appellate Division, Third Department’s landmark decision for the rights of municipalities to decide what types of land uses should be permitted and prohibited within their borders through the use of their zoning powers to control where natural gas drilling occurs using hydraulic fracturing methods.
In a presentation to municipal attorneys and officials at the Association of Towns Annual Meeting in February 2013, Mr. Rosborough and Firm Partner David Everett gave an overview of the recent case law addressing bans and moratoria on shale gas drilling under local zoning authority in New York.
With Firm Partner David Everett, Mr. Rosborough published “The Billion Dollar Question – Are Municipalities Preempted Under New York State Law from Using their Zoning Powers to Control Hydraulic Fracturing for Natural Gas?” in the New York State Bar Association’s New York Environmental Lawyer Journal (2012). This Article examines the arguments made by the parties to the two cases currently pending before the New York courts that ask whether local municipalities may use their constitutionally guaranteed home rule powers to zone out natural gas drilling and extraction or whether that authority is preempted under state law.
Prior to joining the Firm, Mr. Rosborough was a Senior Court Attorney at the New York Court of Appeals, where he drafted reports to the Judges of the Court recommending the grant or denial of motions for leave to appeal and analyzed complex issues of appellate jurisdiction and reviewability. He was also a student judicial intern in the chambers of the Honorable Thomas J. McAvoy, Senior District Judge of the United States District Court for the Northern District of New York, during law school.
Mr. Rosborough earned his Juris Doctor, summa cum laude, from Albany Law School of Union University, where he also served as the Editor-in-Chief of the Albany Law Review. Prior to attending law school, Mr. Rosborough received a Bachelor of Science from Cornell University’s School of Industrial and Labor Relations.