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Gene Kelly
D: (518) 701-2740  
GKelly@HarrisBeach.com
Linkedin
Twitter

Gene J. Kelly

  Member

(518) 701-2740
  GKelly@HarrisBeach.com
Linkedin
Twitter
“I find it satisfying to be able to assist clients who are struggling to navigate the landscape of regulatory agencies, helping them make sense of complex regulatory issues and enabling them to pursue their business objectives.”
  • Airlines Trade Association Requests EPA Withdrawal of Proposal to Designate PFOA/PFOS as CERCLA Hazardous Substances
  • Federal Government Expands Scope of Regulated Wetlands
  • EPA Releases Crucial PFAS Drinking Water Rule; Implications for Water Treatment Facilities
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location
Publications and Events

Gene works predominantly on matters involving environmental regulatory compliance and permitting issues, including a strong focus on energy project development.  In this practice, he provides focused counsel on a wide range of matters requiring interaction and familiarity with complex environmental regulations and the regulators responsible for their implementation.

Gene has an extensive background in environmental regulatory policy and litigation, including 21 years of public service, during which he formed professional relationships with leaders and policymakers in state government. His experience affords clients insight into navigating complex regulatory structures. Prior to joining Harris Beach, Gene was the regional director of Region 4 (Capital District/Northern Catskills) of the New York State Department of Environmental Conservation, where he directed all aspects of a multi-office agency with a staff of more than 200 in a nine-county region. He is experienced in working with the New York City Department of Environmental Protection; the New York State Departments of Transportation and State; the Empire State Development Corporation; and the United States Environmental Protection Agency, Army Corps of Engineers and Department of Justice.

Prior to serving as DEC Region 4 regional director, Gene served for 10 years as an assistant attorney general in the Environmental Protection Bureau of the New York State Office of the Attorney General, representing New York in state and federal courts in a broad range of civil prosecutions involving violations of state and federal laws affecting public health and the environment. Prior to that, he was a senior attorney in the DEC’s central office and then an assistant regional attorney in the DEC’s Region 4 office, representing staff in a comprehensive range of enforcement and permit proceedings, directing enforcement and program staff and establishing strategies for investigations, enforcement and permitting matters. Gene was the primary enforcement counsel for the DEC for all Clean Air Act requirements, including coordination of regional enforcement priorities.

For more than 20 years, Gene served in the United States Marine Corps and then the United States Marine Corps Reserve, retiring at the rank of Lieutenant Colonel. While serving with the Marine Corps Reserve, Gene served as an environmental law judge advocate, in which he was the primary reserve legal advisor in the Office of Counsel to the Commandant, advising on a broad range of environmental/land use issues attendant to Marine Corps-wide environmental compliance strategies, including training activities and administration of installations. He also served as an advisor to the assistant general counsel (Installations and Environment) to the Secretary of the Navy. Gene began his legal career in commercial litigation with a law firm in Ballston Spa.

Representative Matters

  • Represented owner of a dam located within in the Adirondack Mountains Park that had been the subject of prior enforcement by the New York State Department of Environmental Conservation (DEC) and New York State Attorney General for owner’s failure to comply with DEC Dam Safety regulations. Successfully resolved litigated matter with negotiated consent judgment.
  • Conducted investigations for Fortune 50 company regarding federal and state environmental compliance matters and counsel the client on the necessary remediation efforts and future compliance processes.
  • Successfully resolved NYSDEC enforcement involving major national retailer arising from inadvertent release of petroleum.
  • Representing multiple golf clubs in NYSDEC enforcement proceedings involving groundwater withdrawals alleged to be in violation of permitted limits.
  • Representing owner of multiple scrap yards in federal Clean Water Act citizen suit litigation alleging violations of stormwater control regulations.
  • Represents the purchaser of an operating nuclear generation facility on environmental matters in preparation for decommissioning, remediation and, following completion of these activities, redevelopment.
  • Represents electric transmission developer on environmental matters in PSC-directed Article VII transmission development projects.
  • Obtained multiple contested land use approvals and DEC permits and authorizations for upgrades to Fortune 250 company’s interstate natural gas pipeline.
  • Represented manufacturing client in high-profile, media-intensive state and federal environmental enforcement proceedings.
  • Represented municipal client in contested DEC permit hearing proceeding.
  • Represent the renewables developer who filed the first ever solar-only Article 10 project at the New York State Public Service Commission.
  • Represent the renewables developer seeking approval of the largest solar-only Article 10 project at the New York Public Service Commission.
  • Assist national solar energy developer by conducting transactional environmental due diligence reviews for numerous project sites, including obtaining NYS Department of Environmental Conservation authorization to proceed with development of a site listed on the New York State Superfund Site List.
  • Directed environmental regulatory audit for major health care institution, followed by development of remedial actions necessary to return the institution to compliance, without assessment of penalties.
  • Oversee SEQRA compliance for large downstate medical institution’s major expansion at two locations.
  • Defend Fortune 50 company in federal civil action seeking damages for petroleum release.
  • Represented national truck leasing company in multiple environmental enforcement matters before NYS Department of Environmental Conservation.
  • Represented marine construction company in multi-party environmental enforcement matter before NYS Department of Environmental Conservation.
  • Counsel international trade association in reviewing and commenting on proposed regulations under consideration by NYS Department of Environmental Conservation, obtaining favorable regulatory determinations.
  • Represent leading international distiller in permitting and compliance matters.
  • Negotiate numerous settlements of complex environmental compliance matters for municipal and corporate clients.

Professional and Civic

  • New York State Bar Association, member
  • Environmental Law Section, executive committee member and co-organizer of the 2015 fall meeting
  • Committee on Enforcement and Compliance, co-chair
  • Devil Cats Baseball, Albany Twilight League and Eastern New York Travel Baseball League, manager/coach

Legal Practices

Commercial Real Estate
Environmental
Government Compliance and Investigations

Industry Teams

Cannabis
Energy
Health Care
Municipalities and Local Agencies
Real Estate Developers

Sectors

Renewable Energy
Oil and Gas

Admissions

New York

Rhode Island

U.S. Court of Military Appeals

U.S. District Court, California - Northern District

U.S. District Court, New York - Northern District

University of New Hampshire Franklin Pierce Law Center

JD 
1988

Siena College

BA 
1984

Location

Albany, NY Office
Insights
March 16, 2023

EPA Releases Crucial PFAS Drinking Water Rule; Implications for Water Treatment Facilities

The EPA has released its long-awaited proposed rule addressing levels of PFAS in drinking water across the United States.
February 6, 2023

Federal Government Expands Scope of Regulated Wetlands

The U.S. Army Corps and the U.S. EPA have adopted a final rule re-defining the scope of the “waters of the United States”
January 9, 2023

Airlines Trade Association Requests EPA Withdrawal of Proposal to Designate PFOA/PFOS as CERCLA Hazardous Substances

Airlines for America® (A4A) submitted formal comments requesting that the EPA abstain from proposing PFOA and PFOS as Hazardous Substances
December 16, 2022

EPA Finalizes All Appropriate Inquiries Rule

On December 15, 2022, U.S. Environmental Protection Agency (EPA) published in the Federal Register its final rule updating its AAI Rule.
December 9, 2022

EPA’s Latest PFAS Guidance Signals Source-based Permitting and Monitoring Strategy

EPA guidance directs water quality agencies to leverage their authority to issue wastewater discharge permits and reduce PFAS discharges. 
December 5, 2022

EPA Proposes Rule to Enhance PFAS Reporting Data

The EPA proposed adding per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-
September 2, 2022

Inflation Reduction Act to Energize Renewables and Energy Transition Projects

The Inflation Reduction Act of 2022 (the “IRA”), signed by President Biden into law on August 16, promises to further invigorate an already
June 20, 2022

As PFAS Litigation Swells, More Companies Must Consider Strategies for Class Defense; U.S. EPA Issues Health Advisory for PFAS

From mascara to microwave popcorn, and from water to wrappers, the glut of litigation related to the presence of PFAS (per- and polyfluoroal
May 17, 2022

EPA to Adopt New Phase I Environmental Site Assessment Standard

Lenders need to consider the scope and extent of the Phase I Environmental Site Assessment (“Phase I ESA”) they routinely utilize in connect
May 9, 2022

U.S. Environmental Protection Agency Approves New Standard for Phase I Environmental Site Assessments

In mid-March, the U.S. Environmental Protection Agency (EPA) issued a direct final rule approving ASTM International (ASTM) Standard E1527-2
January 24, 2022

Court Dismisses Water Contamination Complaint for Failure to State a Cause of Action Against Chemical PFAS Manufacturers

The U.S. District Court for the Southern District of New York has dismissed a complaint alleging the defendants contaminated plaintiff’s wat
October 31, 2021

PFAS: Navigating a New Frontier in Environmental Regulation

In recent years, states have begun investigating the health and environmental effects of PFAS and the class of chemical compounds that have
April 20, 2020

Federal Court Nullifies Nationwide Permit 12 – Ruling has Broad Impacts for Energy Infrastructure Projects

In a case brought by a coalition of environmental groups opposed to the Keystone XL Pipeline project, Judge Brian Morris of the U.S. Distric
April 2, 2020

NYS Department of Environmental Conservation Issues COVID-19 Guidance on Environmental Cleanups and Brownfields

With the deepening of the COVID-19 crisis, the NYS Department of Environmental Conservation (“DEC”) has issued guidance addressing “numerous
February 4, 2020

NYSDEC Issues Revised General Permit for Stormwater Discharges from Construction Activity

On January 29, 2020, the NYS Department of Environmental Conservation (“DEC”) issued a new and revised State Pollutant Discharge Elimination
August 6, 2019

State Legislature Considers Regulations for Decommissioned Solar Panels

Earlier this summer the New York State Senate passed a bi-partisan bill (S. 942) to require the Department of Environmental Conservation (“D
February 5, 2019

Brownfield Cleanup Program Will Receive Updates for 2019

New York state’s Department of Environmental Conservation (“DEC”) Brownfield Cleanup Program (the “BCP”) recently announced planned updates
January 7, 2019

Amendments to State Environmental Quality Review Regulations Became Effective January 1

To ensure that New York state agencies and local governments can meaningfully assess the environmental impact of proposed projects, the Stat
November 27, 2018

Gene Kelly Presented on Renewable Power at the New York State Environmental Law Conference

Harris Beach attorney Gene Kelly moderated a panel focusing on “New York’s Renewable Energy Push” at the New York State Business Council’s A
November 27, 2018

Gene Kelly Presented on Renewable Energy at Independent Power Producers of New York Conference

Harris Beach attorney Gene Kelly presented at the Independent Power Producers of New York (IPPNY) conference on “New York’s Article 10 and S
October 19, 2018

New York State Announces $300,000 for Municipalities for Zero-Emission Vehicles Purchase or Lease

The New York State Department of Environmental Conservation (DEC) has announced the availability of $300,000 in rebates from the state’s Env
News
March 23, 2022

Harris Beach Attorneys Judi Abbott Curry, Kelly Jones Howell and Gene Kelly Featured Prominently in DRI In-House Defense Quarterly

Harris Beach partners authored two articles in the recent DRI In-House Defense Quarterly Winter 2022 issue.
December 19, 2021

Harris Beach Partners Analyze PFAS Regulation and Litigation in Law360

In recent years, states and the federal government have become more aggressive in investigating the health and environmental effects of per-
October 1, 2019

The Challenges of Finding Land for Renewable Energy Projects in New York

New York State has positioned itself to claim the mantle of climate leadership on a global scale. But companies are struggling to get projec
Events
October 21, 2022

Gene Kelly Speaking at the 2022 Environment Conference

Energy Partner Gene Kelly will be speaking at the 2022 Environment Conference on November on November 17, hosted by The Business Council
October 28, 2019

Gene Kelly Presenting at The Business Council of New York State Annual Environment Conference

Gene Kelly will moderate a panel titled, “Electric Power Under the CLCPA” at the Business Council of New York State’s Annual Environment Con
May 1, 2019

Harris Beach Sponsoring IPPNY Spring Conference

Harris Beach will sponsor IPPNY’s 33rd Annual Spring Conference & Showcase. IPPNY’s mission is to assist their member companies in becoming
October 24, 2018

Gene Kelly Presenting at NYS Business Council Environmental Law Conference

In addition to the presentation “Solar projects and obstacles challenging Cuomo’s 50 by 30”, attendees will also learn about the latest in e
External Publications
September 1, 2019

Publication:The Impossible Search for Perfect Land: Siting Renewable Generation Projects in New York State

New York State Business Council Environmental Conferences (2014, 2016 and 2019)

Numerous blog posts on the Harris Beach MuniBlog, including a series of posts on New York’s Environmental Audit policy

All Insights, All Publications, Legal Alert |
 March 16, 2023
EPA Releases Crucial PFAS Drinking Water Rule; Implications for Water Treatment Facilities
The EPA has released its long-awaited proposed rule addressing levels of PFAS in drinking water across the United States....read more
All Insights, All Publications, Legal Alert |
 February 6, 2023
Federal Government Expands Scope of Regulated Wetlands
The U.S. Army Corps and the U.S. EPA have adopted a final rule re-defining the scope of the “waters of the United States”...read more
All Insights, All Publications, Legal Alert |
 January 9, 2023
Airlines Trade Association Requests EPA Withdrawal of Proposal to Designate PFOA/PFOS as CERCLA Hazardous Substances
Airlines for America® (A4A) submitted formal comments requesting that the EPA abstain from proposing PFOA and PFOS as Hazardous Substances ...read more
All Insights, All Publications, Legal Alert |
 December 16, 2022
EPA Finalizes All Appropriate Inquiries Rule
On December 15, 2022, U.S. Environmental Protection Agency (EPA) published in the Federal Register its final rule updating its AAI Rule....read more
All Insights, All Publications, Legal Alert |
 December 9, 2022
EPA’s Latest PFAS Guidance Signals Source-based Permitting and Monitoring Strategy
EPA guidance directs water quality agencies to leverage their authority to issue wastewater discharge permits and reduce PFAS discharges. ...read more
All Insights, All Publications, Legal Alert |
 December 5, 2022
EPA Proposes Rule to Enhance PFAS Reporting Data
The EPA proposed adding per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-...read more
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Gene J. Kelly

GKelly@HarrisBeach.com
D: (518) 701-2740
Albany, NY Office
Gene Kelly
https://www.harrisbeach.com/people/kelly-gene-j/

■ Areas of Expertise

Legal Practices

Commercial Real Estate Legal Practice
Environmental Legal Practice
Government Compliance and Investigations Legal Practice

Industry Teams

Cannabis Industry Team
Energy Industry Team
Health Care Industry Team
Municipalities and Local Agencies Industry Team
Real Estate Developers Industry Team

Sectors

Renewable Energy
Oil and Gas

■ Profile

Gene works predominantly on matters involving environmental regulatory compliance and permitting issues, including a strong focus on energy project development.  In this practice, he provides focused counsel on a wide range of matters requiring interaction and familiarity with complex environmental regulations and the regulators responsible for their implementation.

Gene has an extensive background in environmental regulatory policy and litigation, including 21 years of public service, during which he formed professional relationships with leaders and policymakers in state government. His experience affords clients insight into navigating complex regulatory structures. Prior to joining Harris Beach, Gene was the regional director of Region 4 (Capital District/Northern Catskills) of the New York State Department of Environmental Conservation, where he directed all aspects of a multi-office agency with a staff of more than 200 in a nine-county region. He is experienced in working with the New York City Department of Environmental Protection; the New York State Departments of Transportation and State; the Empire State Development Corporation; and the United States Environmental Protection Agency, Army Corps of Engineers and Department of Justice.

Prior to serving as DEC Region 4 regional director, Gene served for 10 years as an assistant attorney general in the Environmental Protection Bureau of the New York State Office of the Attorney General, representing New York in state and federal courts in a broad range of civil prosecutions involving violations of state and federal laws affecting public health and the environment. Prior to that, he was a senior attorney in the DEC’s central office and then an assistant regional attorney in the DEC’s Region 4 office, representing staff in a comprehensive range of enforcement and permit proceedings, directing enforcement and program staff and establishing strategies for investigations, enforcement and permitting matters. Gene was the primary enforcement counsel for the DEC for all Clean Air Act requirements, including coordination of regional enforcement priorities.

For more than 20 years, Gene served in the United States Marine Corps and then the United States Marine Corps Reserve, retiring at the rank of Lieutenant Colonel. While serving with the Marine Corps Reserve, Gene served as an environmental law judge advocate, in which he was the primary reserve legal advisor in the Office of Counsel to the Commandant, advising on a broad range of environmental/land use issues attendant to Marine Corps-wide environmental compliance strategies, including training activities and administration of installations. He also served as an advisor to the assistant general counsel (Installations and Environment) to the Secretary of the Navy. Gene began his legal career in commercial litigation with a law firm in Ballston Spa.

■ Representative Matters

  • Represented owner of a dam located within in the Adirondack Mountains Park that had been the subject of prior enforcement by the New York State Department of Environmental Conservation (DEC) and New York State Attorney General for owner’s failure to comply with DEC Dam Safety regulations. Successfully resolved litigated matter with negotiated consent judgment.
  • Conducted investigations for Fortune 50 company regarding federal and state environmental compliance matters and counsel the client on the necessary remediation efforts and future compliance processes.
  • Successfully resolved NYSDEC enforcement involving major national retailer arising from inadvertent release of petroleum.
  • Representing multiple golf clubs in NYSDEC enforcement proceedings involving groundwater withdrawals alleged to be in violation of permitted limits.
  • Representing owner of multiple scrap yards in federal Clean Water Act citizen suit litigation alleging violations of stormwater control regulations.
  • Represents the purchaser of an operating nuclear generation facility on environmental matters in preparation for decommissioning, remediation and, following completion of these activities, redevelopment.
  • Represents electric transmission developer on environmental matters in PSC-directed Article VII transmission development projects.
  • Obtained multiple contested land use approvals and DEC permits and authorizations for upgrades to Fortune 250 company’s interstate natural gas pipeline.
  • Represented manufacturing client in high-profile, media-intensive state and federal environmental enforcement proceedings.
  • Represented municipal client in contested DEC permit hearing proceeding.
  • Represent the renewables developer who filed the first ever solar-only Article 10 project at the New York State Public Service Commission.
  • Represent the renewables developer seeking approval of the largest solar-only Article 10 project at the New York Public Service Commission.
  • Assist national solar energy developer by conducting transactional environmental due diligence reviews for numerous project sites, including obtaining NYS Department of Environmental Conservation authorization to proceed with development of a site listed on the New York State Superfund Site List.
  • Directed environmental regulatory audit for major health care institution, followed by development of remedial actions necessary to return the institution to compliance, without assessment of penalties.
  • Oversee SEQRA compliance for large downstate medical institution’s major expansion at two locations.
  • Defend Fortune 50 company in federal civil action seeking damages for petroleum release.
  • Represented national truck leasing company in multiple environmental enforcement matters before NYS Department of Environmental Conservation.
  • Represented marine construction company in multi-party environmental enforcement matter before NYS Department of Environmental Conservation.
  • Counsel international trade association in reviewing and commenting on proposed regulations under consideration by NYS Department of Environmental Conservation, obtaining favorable regulatory determinations.
  • Represent leading international distiller in permitting and compliance matters.
  • Negotiate numerous settlements of complex environmental compliance matters for municipal and corporate clients.

■ Professional and Civic

  • New York State Bar Association, member
  • Environmental Law Section, executive committee member and co-organizer of the 2015 fall meeting
  • Committee on Enforcement and Compliance, co-chair
  • Devil Cats Baseball, Albany Twilight League and Eastern New York Travel Baseball League, manager/coach

■ Education

University of New Hampshire Franklin Pierce Law Center
 ,JD
 ,1988
Siena College
 ,BA
 ,1984

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of March 27, 2023 4:31 pm
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