Daniel A. Spitzer

Dan concentrates his practice on 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; multiple utility and small-scale solar projects; and landfill, gas-to-energy, biomass, storage, transmission, and energy efficiency projects. He successfully litigated a case of first impression concerning a municipality's right to regulate power-generating facilities based on greenhouse gas emissions.

A primary part of Dan’s work focuses on National Environmental Policy Act (NEPA) and State Environmental Quality Review Act (SEQRA) review and compliance with federal and state environmental statutes. His work includes environmental assessments for large-scale telecommunications projects, infrastructure projects and power generation 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.

Dan’s general municipal practice involves a wide area of services. He regularly counsels municipal clients on budgeting, leasing, environmental, zoning, assessment, financial, eminent domain, 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. Dan has successfully represented clients in local governmental and judicial forums, including cases involving zoning and development decisions. He has drafted laws for municipalities on issues ranging from enforcing zoning codes and green buildings, 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.

Dan’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, all the way through to trial. His clients include municipal redevelopment agencies, developers, and taxpayers throughout New York State.

Dan brings a strong background in municipal affairs to his practice from an earlier era in his career, when he served as finance director for a sizeable city in Arizona.

• Listed, Best Lawyers in America (Cleantech Law) 2020 - 2023
• Listed, Chambers USA: America’s Leading Lawyers for Business, (Environment) 2021 - 2022
• Listed, Upstate New York Super Lawyers, (Environmental) 2012 - 2022
• Recipient, Lawyer Monthly's Clean Technology Law Firm of the Year, USA, 2017
• Recipient, City & State Corporate Social Responsibility (CSR) Award, 2017
• Listed, Buffalo Business First's Who's Who in Law (Energy)
• Former editor in chief, Buffalo Law Review

• New York State Bar Association
• State and Local Government Section Executive Committee, Committee on Transportation
• American Bar Association
• Erie County Bar Association

• New York Solar Energy Industries Association Policy Committee

• Adjunct Professor, UB School of Law, Fall 2016, “Endangered Species Act” Seminar