Daniel Riesel

Practice Areas

Litigation, Hazardous Substances Remediation

Career

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.

Professional Memberships

Bar Admissions: New York State, 1961, United States District Courts, Courts of Appeal, Supreme Court of the United States

Publications

“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 2025 | Written by Daniel Riesel

“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)

Work Highlights

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.

Experience

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

Education