Michael Bogin’s practice focuses on all aspects of environmental regulation and permitting, with particular emphasis on waterfront development and affordable housing projects. These projects have required Tidal Wetlands and Protection of Waters permits from the New York State Department of Environmental Conservation, individual Clean Water Act 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 also worked extensively with submerged and formerly submerged lands issues, involving disposition of riparian interests, and purchasing or leasing property interests from the State and City of New York. Following hurricanes Irene and Sandy, Michael also developed significant expertise in coastal resiliency and FEMA flood zone mapping issues.
Michael’s practice has also long emphasized hazardous materials remediation and solid and hazardous waste management. Michael has helped dozens of clients complete their projects and obtain State tax credits under the New York State Brownfield Cleanup Program (BCP). Among other projects, Michael helped to obtain BCP COCs for one of the City’s largest affordable housing projects, Sendero Verde, in Harlem and the Bronx Point affordable housing project that includes the Universal Hip-Hop Museum. Transactional due diligence also factors heavily into Michael’s practice, and he works with both buyers and sellers on Phase I and Phase II Environmental Site Assessments to ensure that client environmental risk in minimized and available public benefits are maximized.
Starting with the seminal New York City landfills Superfund cases, Michael has litigated many Comprehensive Environmental Response, Compensation and Liability Act (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 metals. Michael has litigated New York Navigation Law and Resource Conservation and Recovery Act (RCRA) imminent and substantial endangerment claims against several utilities. He also tried the first New York State Stormwater Construction General Permit case under 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 robust set of experiences working with governmental clients. 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 New York State Environmental Quality Review Act (SEQRA).
Best Lawyers®, Lawyer of the Year in Environmental Law for New York City, 2023
Best Lawyers®, Environmental Law
New York Metro Super Lawyers, Environmental Law
New York Metro Super Lawyers, Top 100 Lawyers
Chambers and Partners USA, Ranked Band 2 Environmental Lawyer
Who’s Who Legal, Environment & Climate Change
Recipient, New York County Lawyer’s Association, Rising Star Award, 2000
Phelps Dodge Brownfield Project
SPR represents the purchaser of this one-time copper smelter property and listed Class-2 Inactive Hazardous Waste Site who is redeveloping its approximately 39-acres for commercial and light industrial use. Working closely with the prior owner, the developer and the regulators, SPR helped secure the Record of Decision and other regulatory approvals that have cleaned up this long-contaminated waterfront parcel and brought much needed development and jobs to this area after years of decline.
Development And Land Use
Brooklyn Bay Plaza, Coney Island
The Firm helped obtain Tidal Wetland permits, a Coastal Erosion Hazard Area revision and permit, a Solid Waste Beneficial Use Determination and Oil Spill Program closures for the development of a large retail development and public park.
Development And Land Use
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.
Wetlands and Stormwater
Whole Foods Supermarket – Gowanus, Brooklyn
rd Street and 3rd Avenue.
The firm helped complete federal and state tidal wetlands permitting and the State Environmental Quality Review Act natural resources and hazardous material review, and obtained United State Environmental Protection Agency sign-off and State Brownfield Cleanup Program Certificate of Completion for the new Whole Foods site on 3
Long Island Power Authority – Southampton to Bridgehampton Transmission Line Project
SPR is environmental counsel to the Long Island Power Authority (LIPA) and represented LIPA in connection with the preparation of an Environmental Impact Statement for the construction of a transmission line between the LIPA substations located in Southampton and Bridgehampton on the East End of Long Island. The project, which also included an expansion of the Bridgehampton substation, was controversial because of the proposal to install part of the line above ground on poles installed along the route of existing overhead distribution lines. SPR led the EIS project team and defended LIPA when its project approval was challenged in New York State Supreme Court. The matter was successfully resolved when LIPA and the Town of Southampton entered into an agreement on a funding mechanism to permit the entire installation of the line underground without burdening LIPA ratepayers as a whole with the expense for that additional work.
Environmental Impact Review/Permitting
Permitting and Litigation for Private Commercial Developments
Arthur Kill Terminal
SPR is environmental counsel to the developer of the proposed Arthur Kill Terminal, the first offshore wind pre-assembly port facility in New York State. SPR assisted in identifying and acquiring the project site and is shepherding the project through the state and federal permitting and approval processes. This Staten Island project is uniquely positioned to serve the offshore wind industry in the Mid-Atlantic and will form a hub for the development of an offshore wind supply chain. The project will reduce the cost of constructing and operating offshore wind projects, facilitate the realization of significant local economic benefits, create thousands of jobs, provide workforce development and training, and catalyze supply chain investments needed to support offshore wind projects throughout the United States.
“What Your Phase I Won’t Tell You About Developing a Waterfront Site in New York City,” Co-Author
For: Environmental Law in New York Vol. 31, No. 79; Co-Author(s): Michael Bogin, Katherine Ghilain Trudell
“Navigating Urban Waterway Development,” Presenter
For: Center for Creative Land Recycling
“Plan View: Survey of Current Environmental Enforcement and Real Estate Development Regulation in New York,” Presenter
For: New York State Bar Association
May 20, 2015
“Flood Zones: Where Does Your Property Stand in Our Post-Sandy State?,” Panelist
For: Real Estate Board of New York’s (REBNY), Panelist
“Recovery and Rebuilding After Superstorm Sandy—Legal Perspectives,” Co-Chair & Panelist
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”
November 10, 2000
“Allocating Orphan Shares And Other Private Party CERCLA Vagaries”
For: The American Law Institute and the American Bar Association
Rooftop Solar Systems Required by NYC Local Laws May Qualify for IRA’s Renewable Energy Tax Credits
New York City local law requires new roofs (with some exceptions) to install a solar photovoltaic (PV) electricity generating and/or green roof system. While these requirements became effective in 2019, given the pace of construction in New York City, many of the roofs covered by the law have only recently ...
DEC Publishes Final Revisions to Solid Waste Management Regulations
Almost five years after publishing the first substantial revisions
to its solid waste management regulations, the New York State Department of Environmental Conservation (DEC) published a new set of final revisions to the regulations
Supreme Court Significantly Curtails Federal Jurisdiction over Wetlands in Sackett v. EPA
On May 25, 2023, the Supreme Court issued its decision in Sackett v. EPA
, ruling that federal jurisdiction over wetlands under the Clean Water Act (CWA or the Act), which prohibits discharging pollutants into “the waters of the ...
Energy Community Guidance for Brownfields under the Inflation Reduction Act
The Internal Revenue Service (IRS) and the Treasury Department released guidance
last month on the bonus credit available for certain production and investment tax credits issued to qualified projects located in “energy communities” pursuant to the Inflation Reduction ...
NYC Adopts Sweeping New Stormwater Rule
In February 2022, the New York City Department of Environmental Protection (DEP) adopted the Unified Stormwater Rule
(USWR) to update the stormwater management requirements for all new development and redevelopment sites that discharge to City sewers. The USWR amends ...
NYS Department of Environmental Conservation Proposes Revisions to Part 375 Remedial Programs
On December 22, 2021, the New York State Department of Environmental Conservation (DEC) issued a Notice of Proposed Rulemaking
to amend the Environmental Remediation Program regulations at 6 NYCRR Part 375. The notice states that the proposed amendments are designed to implement the 2015 statutory ...