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Daniel
Riesel

Senior Counsel

Daniel
Riesel

Senior Counsel

Dan has litigated a wide variety of cases which include numerous environmental matters, white collar defense, civil rights, and commercial matters. His litigation experience ranges from pre-trial practice in complex litigation to appellate advocacy. Dan’s extensive environmental and litigation practice has been recognized by several organizations that conduct peer evaluation of lawyers. Chambers & Partners’ survey of environmental lawyers ranks him as one of the top tier environmental lawyers in New York and notes, “No end of praise is heaped on Daniel Riesel” and, further, “Creative, forceful and dynamic, he is seen as an excellent counselor and a strong litigator who is experienced in enforcement defense, white-collar crime and civil litigation including toxic torts, as well as rulemaking challenges.” Recently, several publications have referred to him as “Dean of the environmental bar.” Similarly, Who’s Who Legal listed him as one of the most highly regarded environmental lawyers in the United States, and noted that his peers had “singled” [him] out for particular praise. Respondents commented that he is “one of the founders of environmental law.”  Since 2005, New York Magazine found that Dan was one of the metropolitan area’s “Best Lawyers.”

His litigation has results in overturning Army Corps of Engineers wetland rules, vacating EPA’s promulgation of ocean dumping rules, and a dismissal of restrictions on the broad reach of RCRA Citizen Suits. He has also defeated several multi-party toxic tort suits. Dan successfully represented a municipal client in a 100-day trial involving allegations of a regulatory taking. Since 1980, he has been an active participant in numerous CERCLA administrative and judicial actions, representing various Fortune 500 corporations. His litigation has resulted in the establishment of CERCLA defenses and the recovery of significant response costs. He recently successfully represented several industrial clients charged with environmental crimes. In addition to litigations, Dan has been active in several land use projects in the metropolitan area. He was recently the lead environmental lawyer for the largest commercial and residential development in New York City. Other matters include the successful defense of three attorneys’ suspension from practice for alleged criminal contempt, and the defense of a university’s treatment of female graduate faculty.

In addition to handling trials and motion practice involving public and private issues, Dan has engaged in a great number of administrative proceedings involving the siting of energy facilities, land use and other environmental issues.

Chambers and Partners, Senior Statesman for Environmental Law
U.S. News and World Report & Best Lawyers for Environmental Litigation
New York Metro Super Lawyers, Environmental Litigation, Environmental, Business & Corporate
Best Lawyers®, Environmental Law and Litigation-Environmental
Environmental Thought Leader, Who’s Who Legal
Best Lawyers®, Lawyer of the Year in Environmental Litigation for New York City, 2013 & 2014
New York Metro Super Lawyers, Top 100 Lawyers
Who’s Who Legal, Environment & Climate Change

Adchem Corporation

Location: New York, NY

SPR successfully represented defendant Adchem Corporation in a multi-party litigation involving years of discovery and motion practice. Although this case arose under CERCLA and New York negligence law, its resolution in favor of our client turned on claims that involved corporate veil piercing, general releases of liability obligations of commercial tenants, and when a dissolved corporation can no longer be sued. The Court of Appeals for the Second Circuit denied Plaintiffs’ petition for a rehearing en banc, and the Supreme Court denied a petition for a writ of certiorari. SPR subsequently represented Adchem Corporation in a second multi-party litigation involving the emerging contaminant 1,4-dioxane.

Hudson Ridge Wellness Center v. Town Board of Town of Cortlandt

Location: Cortlandt, NY

SPR successfully defended an Article 78 challenge to the Town Board's moratorium on certain types of development pending a revision to the Town's Comprehensive Plan. SPR has represented the Town in land use and zoning matters for decades, and has successfully defended numerous other Article 78 petitions seeking to challenge permitting and zoning variance decisions, environmental impact review under SEQRA and similar matters.

Indian Point Energy Center Relicensing/Decommissioning

Location: Cortlandt, NY

SPR represents the Town of Cortlandt, NY in ongoing state and federal administrative proceedings related to the relicensing of the Indian Point nuclear power plant. The state relicensing involves CWA Sections 316 (cooling water intakes) and 401 (water quality certification), and environmental impact review under SEQRA; the federal relicensing involves NEPA review and a technical analysis of nuclear safety issues posed by the plant. Most recently SPR has represented the Town in the process of decommissioning the power plant.

Millennium Pipeline Company Litigation

Location: New York, NY

SPR successfully opposed a portion of a proposed 424-mile natural gas pipeline that was to cross through Hudson River fisheries. The Firm addressed NEPA issues relating to project’s siting and impacts, Natural Gas Act issues pertaining to project necessity, and Coastal Zone Management Act issues regarding impacts to New York’s coastal zone. The Firm retained experts and submitted motions, objections and comments through multiple administrative and judicial proceedings, including before the Federal Energy Regulatory Commission, the US Department of Commerce, and the US District Court and Court of Appeals. After summary judgment victories by SPR and other governmental entities, Millennium terminated its route before the Hudson River.

New Hope Power Company

Location: South Bay, Florida

The firm 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.  The Court held that the Corps, by relying only on its own internal memoranda, had failed to properly promulgate the rules through the notice-and-comment rulemaking procedures required under the Administrative Procedure Act.  The decision has wide import, as it directly affects approximately 700,000 acres within the Everglades Agricultural Area (EAA), and other hydrologically-managed lands nationwide for which non-agricultural uses may be proposed.

“Environmental Consent Decrees: Negotiation Strategies, Available Defenses, Modifications, Pitfalls to Avoid”

For: Strafford Webinars

January 30, 2024 | Presented by Daniel Riesel

“Environmental Litigation: Piercing the Corporate Veil”

For: Strafford Webinars

March 2023 | Co-Presented by Daniel Riesel and Dane Warren

“Limits on CERCLA Recovery for Legacy Sites: Emerging Statute of Limitations Issues”

For: The Practical Real Estate Lawyer

September 2023 | Written by Daniel Riesel and Dane Warren

“Hazardous Waste and Toxic Torts Reporter”

1987-present | Contributing Editor Daniel Riesel

“Environmental Enforcement, Civil and Criminal”

For: Law Journal Press

1977, updated through 2019 | Written by Daniel Riesel

“Clean Air Act,” Presenter

For: Faculty ALI-CLE Course

2010-2015

“Environmental Law,” Co-Chair & Faculty

For: Co-Chair and Faculty, ALI/ABA Annual Course

1982-2014

“Environmental Litigation,” Planning Chair & Faculty

For: Planning Chair and Faculty, American Law Institute-American Bar Association (ALI/ABA) Annual Course:

1977-2013

“Lighting the Way, the Lighthouse Decision and Judicial Review of Agency Action”

For: Albany Law Review, Vol. 75

2012 | Written by Daniel Riesel

“Ethical Consideration for the Clean Air Act Attorney”

For: The New York Environmental Lawyer, Vol. 31

2011 | Written by Daniel Riesel

“EPA proposes new technology rules for boilers and incinerators”

For: International Law Office

July 19, 2010 | Written by Maggie Macdonald and Daniel Riesel

“Ethical Considerations for the Clean Air Act Attorney”

For: The American Law Institute and the American Bar Association, Environmental Law Course of Study

2009 | Written by Daniel Riesel (and Victoria Shiah)

“Initiatives Hit Workplace Violations With Environmental Laws”

For: New York Law Journal; Co-Author(s): Daniel Riesel

September 7, 2005 | Written by Dan Chorost and Daniel Riesel

“When Regulatory Universes Collide: Environmental Regulation in the Workplace”

For: N.Y.U. Environmental Law Journal 613

2005 | Written by Dan Chorost and Daniel Riesel

“Defending Citizen Suits”

For: Chemical Waste Litigation Reporter, Vol. 47

August, 2004 | Written by Daniel Riesel

“Defending Citizen Suits”

For: 47 Chemical Waste Litigation Reporter 708;

April, 2004 | Written by Daniel Riesel, Elizabeth Knauer (and Steven C. Russo)

“Scientific Proof and Examination of Experts in Environmental Litigation”

For: Chemical Waste Litigation Reporter, Vol. 21

September, 2003 | Written by Daniel Riesel

“Private Party Hazardous Material Litigation”

For: Chemical Waste Litigation Reporter, Vol. 46, No. 3

August, 2003 | Written by Daniel Riesel

“Litigating the Administrative Law Case”

For: 22 EPA Admin. L. Reporter 175

August, 2003 | Written by Daniel Riesel and Elizabeth Knauer

“Litigating The Deal Gone Bad”

For: The Environmental Counselor, Business Law, Inc.

2000 | Written by Daniel Riesel

“Environmental Columnist”

For: National Law Journal

1993-2000 | Written by Daniel Riesel

“Environmental Due Diligence,” Chair

For: Chair, New York State Bar Association Seminar

March 1997

“Forecasting Significant Air Act Implementation Issues”

For: Pace Environmental Law Review

1996 | Written by Daniel Riesel

“When Does Government Regulation Go ‘Too Far’?”

For: Fordham Environmental Law Journal

1995 | Written by Daniel Riesel

“NY State Department of Environmental Conservation’s Administrative Law Judge Seminar,” Chair

For: Chair

1982, 1984 and 1994

“Hazardous Wastes, Superfund, and Toxic Substances,” Faculty

For: Faculty, ALI/ABA Course

1986-1988, 1992, 1994

“Environmental Enforcement,” Faculty

For: Faculty, Practicing Law Institute

1993

“Advanced Environmental Due Diligence,” Chair

For: Chair, New York State Bar Association Seminar

March 1992

“Toxic Tort Litigation,” Faculty

For: Faculty, Practicing Law Institute

January 1992

“Environmental Law,” Faculty

For: Faculty, NYSBA Courses

1992

Cardozo School of Law, Adjunct Professor

For: Adjunct Professor

1986-1992

“An Environmental Action Program Model”

For: Cardozo Law Review, Vol. 12

April 1991 | Written by Daniel Riesel

“Corporate Criminal Liability,” Faculty

For: Faculty, Practicing Law Institute

1991

“Implementing the Clean Air Act,” Faculty

For: Faculty, NYSBA Courses

1991

“Current Issues in Environmental Litigation,” Chair

For: Chair, New York State Bar Association Seminars

December 1990

“Environmental Due Diligence,” Chair

For: Chair, New York State Bar Association Seminar

December 1989

“The Impact of Environmental Law on Real Estate and Commercial Transactions,” Faculty

For: Faculty, NYSBA Courses

1988

“A Practical Guide to Environmental Law”

For: American Law Institute

1987 | Contributing Author Daniel Riesel

“Discovery and Examination of Scientific Experts”

For: The Practical Lawyer, Vol. 32, No. 6

September 1986 | Written by Daniel Riesel

“Criminal Prosecution and Defense of Environmental Wrongs, 15 Environmental Law Reports, 10061”

For: Ohio State Journal of Dispute Resolution, Vol. 1, No. 1

1985 | Written by Daniel Riesel

“Negotiation and Mediation of Environmental Disputes”

For: Ohio State Journal of Dispute Resolution, Vol. 1, No. 1

Fall 1985 | Written by Daniel Riesel

“Industry Guide to Environmental Compliance”

For: Harrison Publications

1984 | Contributing Author Daniel Riesel

“Trial Advocacy Course,” Faculty

For: Faculty, Practicing Law Institute: NITA

1977-1980

CERCLA Claims and Statute of Limitation Issues: An Analysis

The remediation of decades-old hazardous waste sites has increasingly prompted defendants in CERCLA cases to assert the statute of limitations as a defense, revealing two inflection points that the CERCLA practitioner must navigate.  The first is whether a party has asserted a cost-recovery claim under CERCLA Section 107(...

Wartime Regulation Does Not Render Government an Operator Under CERCLA, Third Circuit Rules

On May 4, 2020, the Third Circuit issued a decision in PPG Industries v. United States, a case which considered whether the government’s involvement at a chromium processing plant during World War II made ...

Columbia Law School, 1961

Union College, B.A., 1958

New York State, 1961

United States District Courts

Courts of Appeal

Supreme Court of the United States

Captain, United States Air Force, Judge Advocate General’s Department, 1962-1966

Special Assistant United States Attorney, Southern District of New York (1967-1970)

Assistant United States Attorney, Civil Division, Southern District of New York (1970-72)

Chief, Environmental Protection Unit, United States Attorney’s Office, Southern District of New York (1972-73)

Member New York State Hudson River Study Advisory Committee (1979-1981)

Criminal Justice Panel Defense Counsel, Southern District of New York (1975-1982)

Contract Principal and Faculty, United States Environmental Protection Agency Training Program in Negotiation Skills (1980-1982)

Contract Principal and Faculty, United States Environmental Protection Agency’s Litigation Training Program (1978 to 1982)

Special Counsel, Village of Croton-on-Hudson Planning Board (1989-1992)

Member, American Bar Association

Member, New York Bar Association, Section on Environmental Law (Chair, 1999), Section on Commercial and Federal Litigation (Executive Committee)

Member, The Bar of the City of New York, Committee on Environmental Law, (Chair, 1984-87)

Regent, American College of Environmental Lawyers