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Printer-friendly version Download vCard Daniel A. Spitzer Direct tel: 716.848.1420 dspitzer@hodgsonruss.com Partner Environment & Energy Practice Group Renewable Energy Practice Group Buffalo Office

Areas of Practice: Environmental and energy law, land use law, municipal law

Professional Experience: Mr. Spitzer concentrates his practice on a variety of issues involving environmental law, renewable energy, sustainable development, land use law, municipal law, and real estate development. His practice involves numerous renewable energy projects, including representing municipalities, developers, land owners, and financing entities. His work, from project inception through successful litigation, includes some of the largest wind farms in the eastern United States, and he has also worked on landfill, gas-to-energy, biomass, and solar projects. He recently successfully represented a municipality in a case of first impression concerning a municipality's right to regulate power generating facilities based on greenhouse gas emissions.

A primary part of Mr. Spitzer's work focuses on NEPA review and compliance with federal environmental statutes. His work includes environmental assessments for large-scale telecommunications projects and renewable energy projects. He counsels agencies and private clients on compliance with historic preservation laws, the Clean Water Act, the Clean Air Act, and other federal environmental statutes and regulations. His projects include coordinating responses among federal and state agencies as part of federal and state environmental assessments.

He brings a strong background in municipal affairs from an earlier era in his career, when he served as finance director for a sizeable city in Arizona. Mr. Spitzer's general municipal practice involves a wide area of services. He regularly counsels municipal clients on budgeting, leasing, environmental, zoning, assessment, financial, and other matters. His litigation experience includes tax assessment matters, land use issues, financial matters, and other issues before administrative and judicial forums. He assists developers and communities in development projects, including obtaining financial assistance and complying with historic preservation guidelines. Mr. Spitzer has successfully represented clients in local governmental and judicial forums, including cases involving local zoning and development decisions. He has drafted laws for municipalities on issues ranging from enforcing zoning codes to regulations under the Telecommunications Act of 1996. He is well versed in the requirements of the State Environmental Quality Review Act and has guided many communities through the environmental review process. He also counsels clients on historic preservation issues, budgeting, assessment, condemnation, creation of water and sewer districts, and grant writing, among other matters.

Mr. Spitzer's practice also includes work in areas concerning the valuation of property. He represents property owners and municipalities in condemnation proceedings and tax assessment challenges, from the initial filing of claims through trial. His clients include municipal redevelopment agencies, developers, and taxpayers throughout New York State.

Mr. Spitzer is involved in a variety of matters affecting the placement of telecommunications-industry facilities in local communities, including preparing applications, drafting local laws, guiding the environmental review process under the State Environmental Quality Review Act, and representing both the industry and communities on applications before zoning boards of appeals, planning boards, and other governing bodies. He has successfully litigated municipal telecommunication issues in both federal and state courts, including several issues of first impression in New York.

Presentations/Publications: Mr. Spitzer is a frequent speaker and author on renewable energy, land use and zoning, and municipal law. Recently he participated in a national American Planning Association webcast on "Planning Law Trends." He spoke at the 2009 annual conference of the Association of Towns, where he participated in a presentation on climate change. He also participated in a presentation with representatives of the Department of Environmental Conservation on "Emerging State Environmental Quality Review Act Trends." He presented "Creating Clean Energy, More Jobs: Building A Wind Park in New York State" at the annual convention of the New York State Society of Professional Engineers. Mr. Spitzer drafted the inaugural chapter on municipal annexation for the fourth edition of New York Zoning Law and Practice, published by West in 2009. His recent articles include "State Tax Laws Give Certainty," North American Windpower, May 2010, and "Examining NYPA's Project Rules," North American Windpower, June 2009. He is also the co-author of "A Guide to Regulating Big Box Stores, Franchise Architecture, and Formula Businesses," New York Zoning Law and Practice Report, 2007.

Honors/Awards: Listed, Business First's Who's Who in Law (Energy)

Professional Associations: Chair, Green Development Committee, New York State Bar Association Municipal Law Section

Admitted to Practice: New York

Education:
B.S., cum laude, State University of New York at Oswego
J.D., magna cum laude, University at Buffalo Law School, State University of New York (editor-in chief, Buffalo Law Review)