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Gene Kelly
D: (518) 701-2740  
GKelly@HarrisBeach.com
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Gene 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.”
  • Court Dismisses Water Contamination Complaint for Failure to State a Cause of Action Against Chemical PFAS Manufacturers
  • EPA to Adopt New Phase I Environmental Site Assessment Standard
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location

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.

RECENT PUBLICATIONS + SPEAKING ENGAGEMENTS

  • "U.S. Environmental Protection Agency Approves New Standard for Phase I Environmental Site Assessments," Harris Beach Legal Alert, May 2022.
  • "Navigating The New Wave Of PFAS Regulation And Litigation," Law 360, November 2021.
  • "PFAS: Navigating a New Frontier in Environmental Regulation," Harris Beach Legal Alert, October 2021.
  • “NYS Department of Environmental Conservation Issues COVID-19 Guidance on Environmental Cleanups and Brownfields,” POLITICO New York’s Energy Newsletter, April 6, 2020.
  • “NYS Department of Environmental Conservation Issues Revised General Permit for Stormwater Discharges from Construction Activity”, Synergy Environmental Newsletter, March 2020.
  • “The Impossible Search for Perfect Land: Siting Renewable Generation Projects in New York State”, Environmental Law in New York, September Issue 2019.
  • New York State Business Council Environmental Conference “New York’s Renewable Energy Push” 2018.
  • New York State Business Council Environmental Conferences, 2014, 2016 and 2019.
  • Halfmoon Education, Inc. statewide seminars “Handling Ethical Issues for Environmental Engineers” Albany, Buffalo, Rochester, Ronkonkoma, White Plains, 2015-2016.
  • Halfmoon Education, Inc. national webinar “Handling Ethical Issues for Environmental Engineers” November, 2016.
  • Numerous blog posts on the Harris Beach MuniBlog, including a series of posts on New York’s Environmental Audit policy.
  • 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

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
Albany, NY Office
All Insights, All Publications, Legal Alert |
 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...read more
All Insights, All Publications, Legal Alert |
 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...read more
All Publications, Legal Alert |
 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...read more
All Insights, All Publications, Legal Alert |
 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 ...read more
All Insights, All Publications, Legal Alert |
 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...read more
All Insights, All Publications, Covid-19, Legal Alert |
 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...read more
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(866) 999-0659

Gene Kelly

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

■ Areas of Expertise

Commercial Real Estate Legal Practice
Environmental Legal Practice
Government Compliance and Investigations Legal Practice
Cannabis Industry Team
Energy Industry Team
Health Care Industry Team
Municipalities and Local Agencies Industry Team
Real Estate Developers Industry Team

■ 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.

RECENT PUBLICATIONS + SPEAKING ENGAGEMENTS

  • "U.S. Environmental Protection Agency Approves New Standard for Phase I Environmental Site Assessments," Harris Beach Legal Alert, May 2022.
  • "Navigating The New Wave Of PFAS Regulation And Litigation," Law 360, November 2021.
  • "PFAS: Navigating a New Frontier in Environmental Regulation," Harris Beach Legal Alert, October 2021.
  • “NYS Department of Environmental Conservation Issues COVID-19 Guidance on Environmental Cleanups and Brownfields,” POLITICO New York’s Energy Newsletter, April 6, 2020.
  • “NYS Department of Environmental Conservation Issues Revised General Permit for Stormwater Discharges from Construction Activity”, Synergy Environmental Newsletter, March 2020.
  • “The Impossible Search for Perfect Land: Siting Renewable Generation Projects in New York State”, Environmental Law in New York, September Issue 2019.
  • New York State Business Council Environmental Conference “New York’s Renewable Energy Push” 2018.
  • New York State Business Council Environmental Conferences, 2014, 2016 and 2019.
  • Halfmoon Education, Inc. statewide seminars “Handling Ethical Issues for Environmental Engineers” Albany, Buffalo, Rochester, Ronkonkoma, White Plains, 2015-2016.
  • Halfmoon Education, Inc. national webinar “Handling Ethical Issues for Environmental Engineers” November, 2016.
  • Numerous blog posts on the Harris Beach MuniBlog, including a series of posts on New York’s Environmental Audit policy.

■ Representative Matters

  • 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
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
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
Sports Law
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

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

Content current as of May 25, 2022 9:19 pm
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