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Gene J. Kelly

Member

gkelly@harrisbeachmurtha.com
D: (518) 701-2740  
- Albany, NY Office
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Gene Kelly
Profile
Representative Matters
Resources
Distinctions

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 Murtha, 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.

  • 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.
  • Served as counsel to the Town of Brookhaven in connection with its applications to the New York State Department of Environmental Conservation to expand an existing landfill to permit a new ash fill.
  • 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.
Insights
September 10, 2026

NYSDEC Extends Greenhouse Gas Reporting Deadlines

The amended deadlines come after legislative changes to the Climate Leadership and Community Protection Act.
August 20, 2026

NJ’s $2.5 Billion PFAS Settlement May Reshape State Environmental Enforcement Nationwide

The settlement may be a blueprint for future PFAS enforcement actions and natural resource damages litigation by states nationwide.
May 14, 2026

NYSDEC Adopts Revisions to SEQRA Review

To maximize the chance to successfully navigate SEQRA, developers should ensure they engage experienced and knowledgable counsel.
April 10, 2026

Court Annuls New York Wetlands Regulations

New York court strikes down state wetlands rules, impacting developers, landowners, and environmental law attorneys.
January 26, 2026

New Developments in Sewage Sludge/Biosolids Management in Agriculture

It is becoming increasingly important to consult attorneys and consultants experienced in assisting agricultural operations with PFAS.
December 15, 2025

NYSDEC Soil Background Study Clarifies Background PFAS Conditions

The study is a framework for distinguishing background PFAS presence and may serve as a reference in regulatory negotiations and litigation
December 8, 2025

NYSDEC Finalizes Mandatory Greenhouse Gas Emissions Reporting Regulations

New York becomes the third state to require GHG emissions reporting.
March 18, 2025

Supreme Court Ruling on EPA Water Permits

The ruling in San Francisco v. EPA, directs the EPA to retool its wastewater permitting process under the Clean Water Act.
News
August 20, 2026

123 Harris Beach Murtha Lawyers Recognized as 2027 Best Lawyers® Award Recipients; 10 Earn “Lawyer of the Year” Recognition

Best Lawyers honorees are selected through a peer-review process evaluating professional excellence within specific practice areas and geogr
December 17, 2025

Team of Attorneys from Harris Beach Murtha Appears in amNY Law

They wrote about the reason for the regulations, who must report, implications for large emitters, potential penalties and best practices.
December 2, 2025

Harris Beach Murtha Launches Artificial Intelligence Industry Team

As AI becomes more prevalent, the risks associated with it present challenges.
August 21, 2025

More Than 100 Harris Beach Murtha Lawyers Recognized as 2026 Best Lawyers® Award Recipients; 11 Earn “Lawyer of the Year” Recognition

Best Lawyers provides trusted, peer-reviewed recognition of top legal professionals, helping clients find credible, experienced counsel.
October 25, 2023

Harris Beach Attorneys Discuss PFAS and FDA Products in DRI Publication

Attorneys Kelly Jones Howell, Wayne Gladstone and Gene Kelly cover the emerging nature of PFAS in DRI’s For the Defense Publication.
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

Gene Kelly Speaking at the 2022 Environment Conference

November 17, 2022
Energy Partner Gene Kelly will be speaking at the 2022 Environment Conference on November on November 17, hosted by The Business Council
External Publications
October 23, 2023

"Emerging Trends and Best Practices for FDA-Regulated Manufacturers," DRI For The Defense, October 2023, Vol. 65, No. 9

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

Prev ...1... Next

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

Recognition

Best Lawyers, Environmental Law, since 2020

Admissions
New YorkRhode IslandU.S. Court of Military AppealsU.S. District Court, California - Northern DistrictU.S. District Court, New York - Northern District
Education

University of New Hampshire Franklin Pierce School of Law

JD 
1988

Adelphi University

BA 
1984

Capabilities

Legal Practices

Member of:

Commercial Real Estate
Environmental
Government Compliance and Investigations

Industry Teams

Member of:

Artificial Intelligence
Energy
Health Care
Municipalities and Local Agencies
Real Estate Developers
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Gene Kelly

Gene J. Kelly

Member

gkelly@harrisbeachmurtha.com
Capabilities
People
Harris Beach Murtha Attorneys at Law
Gene Kelly

Gene J. Kelly

gkelly@harrisbeachmurtha.com
D: (518) 701-2740
Albany, NY Office

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 Murtha, 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.

Areas of Expertise

Legal Practices

Member of:

Commercial Real Estate
Environmental
Government Compliance and Investigations

Industry Teams

Member of:

Artificial Intelligence
Energy
Health Care
Municipalities and Local Agencies
Real Estate Developers

Focuses

Please select listing to show.

Admissions

New YorkRhode IslandU.S. Court of Military AppealsU.S. District Court, California - Northern DistrictU.S. District Court, New York - Northern District

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.
  • Served as counsel to the Town of Brookhaven in connection with its applications to the New York State Department of Environmental Conservation to expand an existing landfill to permit a new ash fill.
  • 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.

Distinctions

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

Recognition

Best Lawyers, Environmental Law, since 2020

Attorney Advertising. Prior results do not guarantee a similar outcome. © 2026 Harris Beach Murtha Cullina PLLC
Content current as of October 17, 2026 4:44 am