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Dan is an environmental and commercial litigator who helps guide domestic and international clients through the environmental review required for solar, wind and other complex development projects.

For renewable and other major projects, Dan helps property owners, developers and governmental entities navigate the environmental review processes required by the State Environmental Quality Review Act and the National Environmental Policy Act, and defends project approvals against litigation brought by project opponents.

Dan’s representative clients include:

  • NYSERDA on the development of the New York State Offshore Wind Master Plan and its 21 supporting environmental and infrastructure studies; the Master Plan articulates the State’s planning principles for offshore wind development and energy purchasing, in order to facilitate the development of 2.4 GW of offshore wind by 2030.
  • Private and public entities, including Empire State Development, on the permitting and the successful litigation defense of the Barclays Center/Atlantic Yards project, the largest development program in Brooklyn’s history.
  • The State of New York on the environmental permitting and successful defense of Columbia University’s creation of a new graduate research campus in northern Manhattan.
  • US, Canadian and European solar developers in connection with community solar and other renewable portfolios in New York, New Jersey, Minnesota, and Massachusetts.
  • A non-profit municipal consortium on the aggregated procurement of solar panels to install on municipal properties, and of green and brown electricity to supply to over 100,000 homes in Westchester County, New York.
  • A New York municipality to successfully block construction of a natural gas pipeline through local critical environmental areas.

Dan also represents clients in a wide variety of disputes before courts and administrative bodies of all levels.  He regularly litigates complex Superfund matters, including throughout Long Island and along New Jersey’s Passaic River.  His other litigation experience includes:

  • Defending a state Authority in a civil rights litigation.
  • Prevailing in a breach of contract trial for Domino Sugar.
  • Striking down guidance issued by the U.S. Army Corps of Engineers as improper rulemaking.
  • Bringing RCRA endangerment claims on behalf of municipal water suppliers and building tenants.
  • Prosecuting petroleum spill claims.

A firm Principal since 2007, Dan writes and lectures on renewable energy, Superfund, and brownfields issues.

Recognitions
  • Ranked Attorney, Chambers & Partners, New York/Environment, 2015-2017
  • Super Lawyer for Environmental Law, Metro New York, 2013-2017
  • Leading Attorney in Environmental Law, Who’s Who Legal: Environmental, 2015, 2016
  • Program Co-Chair, NYS Bar Association, Environmental Law Section Annual Meeting, The Law of Solar Energy, January 2016
Results
  • New Hope Power Company: Dan represented the Company and won summary judgment in the Southern District of Florida, which enjoined the U.S. Army Corps of Engineers from applying rules pertaining to its regulatory jurisdiction over certain former wetlands.
  • Defended a Westchester school district from allegations that students contracted cancer due to contaminated playing field soil. SPR helped negotiate a remedial plan with the State and, after discovery was taken, no formal litigation was brought against the district.
  • Columbia University Manhattanville Expansion: Helped to secure from New York’s highest court the approval of Empire State Development’s use of eminent domain to acquire land in West Harlem that is being used to support Columbia University’s campus expansion.
  • Worked on the environmental review of Brooklyn’s Atlantic Yards/Barclays Center, and defended that project from various legal challenges.
  • Town of Yorktown: Helped revise its Comprehensive Plan and ensure compliance with the State Environmental Quality Review Act, as well as negotiate with town residents affected by proposed rezonings to avoid litigation.
Publications
  • Demonstrating Divisibility at Sediment Megasites: Building a Case against Joint and Several Liability in Superfund Waterways,” Environmental Law in New York, August 2015 (co-author Priya Murthy)
  • “Green Buildings: Emerging Laws and Practices,” Practical Law Journal, May 2011, updated November 2014 (co-author Margaret Macdonald)
  • “When Regulatory Universes Collide: Environmental Regulation in the Workplace,” 13 N.Y.U. Environmental Law Journal 613, 2005 (co-author Daniel Riesel)
  • “Initiatives Hit Workplace Violations With Environmental Laws,” New York Law Journal, September 7, 2005 (co-author Daniel Riesel)
Clerkship
  • Hon. Jorge A. Solis of the United States District Court, N.D. Tex., Dallas (1999-2000)
Community
  • Sustainable Westchester, member of Board of Directors, member of Executive Committee (2015-present)
  • NYU Furman Center, member of Board of Advisors (2016-present)
  • Rye City School District, member of Facilities Committee (2015-present)
  • City of Rye, NY, member of Transportation & Pedestrian Safety Committee (2016-present)
  • The Junior State Foundation, member of the Alumni Committee and former member of the Board of Trustees (2010-present)