Michael Bogin’s practice focuses on all aspects of environmental regulation and permitting, with particular emphasis on matters and facilities involving wastewater and stormwater discharges, tidal and freshwater wetlands and solid and hazardous waste management. Starting with the seminal New York City Landfills Superfund cases, Michael has litigated many CERCLA cost recovery and toxic tort claims involving a range of contaminants from dry cleaning solvents (PCE) in groundwater to mercury, lead and other heavy metal contamination. Michael has litigated Navigation Law and RCRA imminent and substantial endangerment claims against several utilities. He also tried the first New York State Stormwater Construction General Permit case under the Federal Water Pollution Control Act (more commonly called the Clean Water Act). He has appeared and argued cases in the New York state trial and appellate courts, United States District Courts and the Second Circuit Court of Appeals.
Michael has a long and successful practice of assisting clients to obtain voluntary cleanup agreements (VCAs) and brownfield cleanup agreements under the State Voluntary Cleanup Program (VCP) and later under the State Brownfield Cleanup Program (BCP). Among other projects, Michael obtained a VCA for the remediation of coal tar contamination at the former Keyspan (now National Grid) Manufactured Gas Plant (MGP) site located at Second Avenue and the Gowanus canal in Brooklyn; he also secured BCAs for the cleanup of petroleum contamination at Con Edison’s former power plant properties on First Avenue in Manhattan.
Michael has lead the environmental teams on large residential and commercial waterfront developments in Williamsburg, Greenpoint, Long Island City, Maspeth, Coney Island and Staten Island. These projects have required Tidal Wetlands and Protection of Waters permits from the New York State Department of Environmental Conservation, individual Section 404 Permits or Nationwide Permit coverage from the U.S. Army Corps of Engineers, Section 401 Water Quality Certificates, Coastal Zone Management Act consistency determinations from the New York State Department of State and Coastal Erosion Hazard Area approvals.
Michael has a robust set of experiences working with government. He has represented many municipalities and school districts in complying with their environmental mandates under the Clean Water Act, federal and state freshwater wetland laws, the New York City watershed regulations and the State Environmental Quality Review Act. Following hurricanes Irene and Sandy, Michael has also developed significant expertise in coastal resiliency and FEMA flood zone mapping issues.
Phelps Dodge Brownfield Project
Brooklyn Bay Plaza, Coney Island
City Island Estates
SPR represented the developer of a proposed townhouse development in City Island on the shores of the Long Island Sound. The firm represented the developer with regard to environmental permitting and hazardous materials issues.
Whole Foods Supermarket – Gowanus, Brooklyn
Long Island Power Authority – Southampton to Bridgehampton Transmission Line Project
“Plan View: Survey of Current Environmental Enforcement and Real Estate Development Regulation in New York”
For: New York State Bar Association
“Flood Zones: Where Does Your Property Stand in Our Post-Sandy State?”
For: Real Estate Board of New York’s (REBNY), Panelist
“Recovery and Rebuilding After Superstorm Sandy—Legal Perspectives”
For: Hofstra University School of Law, Co-Chair and Panelist
“Private Party Hazardous Material Litigation”
For: The Environmental Counselor
“The New York State Voluntary Cleanup Program”
“Allocating Orphan Shares And Other Private Party CERCLA Vagaries”
For: The American Law Institute and the American Bar Association