Robert (Bob) Rosenthal focuses his practice on environmental and energy law matters, including litigation in federal and state courts, regulatory permitting, and contract negotiations. He represents major companies on matters involving the Public Service Law, the Federal Power Act, the Natural Gas Act, the State Environmental Quality Review Act (SEQRA), and New York’s Tidal and Freshwater Wetland Acts. Robert also handles the governmental, environmental, and energy aspects of land use and real estate transactions. His clients include electric generation facilities (traditional power plants, solar and wind energy), gas pipelines, solid waste landfills, and other energy infrastructure projects.
Bob has worked on numerous regulatory actions pending before New York Public Service Commission, including those related to the planning and siting of electric transmission, power plants and gas infrastructure, wholesale electricity markets, electric and gas retail utility rates, and the regulation of telecommunications. Bob also represents clients before town planning boards for special permits, particularly for renewable energy projects, and guides clients through the Public Service Law Articles 8 and 10 siting processes. He has represented energy clients before the New York Independent System Operator, PJM, and the Federal Energy Regulatory Commission. His litigation experience includes obtaining trial- and appellate-legal decisions under the Clean Air Act, obtaining dismissals of Article 78 petitions challenging SEQRA processes, securing permanent injunctions on First Amendment grounds, obtaining waivers under NYISO tariffs to preserve wind energy projects in interconnection queues, and defending CERCLA counterclaims against Eleventh Amendment challenges.
Bob served as general counsel for the New York Public Service Commission and Department of Public Service, overseeing more than thirty attorneys and advising on legal matters related to energy, utilities, and telecommunications. He led teams in drafting key PSC orders on renewable energy, transmission planning, and affordability programs, and developed a new utility enforcement unit. Robert also integrated the Office of Renewable Energy Siting into DPS, expanded its authority, and supervised all PSC litigation, preparing commissioners for monthly meetings.
Bob’s experience includes serving as senior counsel in the New York Attorney General’s Environmental Protection Bureau, where he represented the state in major federal and state court cases and handled regulatory enforcement, settlements, and appellate briefs, including landmark Clean Air Act actions. In the Governor’s Counsel’s Office, he advised on energy, environment, and agriculture policy, drafted and negotiated key legislation and budget bills, supervised major litigation, and contributed to strengthening utility oversight and environmental regulations.
Concentrations
• Environment and natural resources
• Energy
• Agriculture
• Project permitting
• Renewable energy and transmission
• NEPA/SEQRA
• Environmental remediation projects
• Negotiations with local, state, and federal environmental regulators
Experience
Representative Matters
• PSEG Long Island LLC v. Town of N. Hempstead, 2016 U.S. Dist. LEXIS 13533 (E.D.N.Y Feb. 3, 2016): Co-counsel in obtaining order granting permanent injunction preventing enforcement of ordinance that would have required utility to post a warning sign on utility poles that the poles contain a hazardous substance on grounds that ordinance violated the First Amendment.
• In re: Dry Lots Wind, LLC, FERC Docket No. ER16-1047-000 (April 1, 2016): Represented petitioner in obtaining waiver of milestone under NYISO tariff that would have removed wind energy project from NYISO interconnection queue.
• State of New York v. General Elec. Co., 45 ELR 20193 (Sept. 29, 2015): Obtained order denying State’s motion to dismiss defendant’s counterclaims under CERCLA on grounds that counterclaims are not barred by Eleventh Amendment.
• Represented a NJ power plant in a unanimous decision upholding its NJPDES permit.
• Co-drafted Power NY Act of 2011, including the new Public Service Law Article 10 power plant siting law and the on-bill financing law.°
• Assisted in all aspects of the Department of Environmental Conservation's (DEC's) environmental review and preparation of regulations related to horizontal high-volume hydraulic fracturing.°
• Drafted and negotiated bill that merged the Belleayre ski resort into the Olympic Regional Development Authority.°
• Worked closely with Moreland Comm'n on Utility Storm Preparation and Response regarding recommendations to strengthen the PSC, reform the Long Island Power Authority and unify the management structure of the State's energy agencies.°
• United States v. Ohio Edison Co. (5.D. Ohio 2003). Member of plaintiffs' trial team in case where the district court issued landmark decision, finding company had violated New Source Review (NSR) provisions of the Clean Air Act.°
• United States v. Cinergy Corp. (7th Cir. 2006). Argued appeal on behalf of states and citizens groups in another NSR enforcement case.°
• NRG v. DEC (2003-04). Defended (in state supreme and appellate courts) DEC's Acid Deposition Reduction Program.°
• State of New York v. U.S. Dep't of Energy (2nd Cir. 2008). Litigated and settled case against the Department of Energy, resulting in adoption of more stringent energy conservation standards for furnaces and boilers.°
• In re: EPA's Adoption of Chesapeake Bay TMDL (2010). Assisted DEC in submission of public comments regarding EPA's proposed rule that would require NY-based sources to reduce discharges of pollutants into New York rivers included within Chesapeake Bay watershed.°
°The above representations were handled by Mr. Rosenthal prior to his joining Greenberg Traurig, LLP.
Noteworthy Experience
• General Counsel, New York Public Service Commission/Department of Public Service, 2019-2025
• Assistant Counsel, New York State Governor Counsel’s Office, 2011-2013
• Senior Counsel, New York State General’s Office, Environmental Protection Bureau, 1995-2011
• Staff Attorney, New York City Law Department, Environmental Law Division, 1992-1995
Recognition & Leadership
Awards & Accolades
• Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Environmental Law, 2016
• Recipient, Louis J. Lefkowitz Memorial Award, 2002 and 2007
Professional & Community Involvement
• Chair, Albany Chapter of the New York League of Conservation Voters, 2018-Present
