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Mark A. Chertok, Principal
Mark, a graduate of Harvard Law School (J.D. 1970, cum laude) and the State University of New York at Buffalo (A.B. 1967, magna cum laude), has been active in environmental and land use counseling, permitting, enforcement and litigation for more than twenty-five years. His experience spans a broad spectrum of substantive areas, including environmental impact statement (EIS) counseling and litigation under the National Environmental Policy Act (NEPA) and the New York State Environmental Quality Review Act (SEQRA), wetlands and water quality permitting under the Clean Water Act and State counterparts, transportation projects, air quality and climate change issues under the Clean Air Act, hazardous substances remediation and litigation under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), remediation under the New York State Brownfield Cleanup Program, oil spill remediation under the New York State Navigation Law, compliance review of Phase I and Phase II environmental assessments, land use and zoning, coastal zone management and historic preservation.

Mark handles matters before numerous Federal, State and City agencies, including the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, the New York State Department of Environmental Conservation, the New York State Department of State, the New York City Department of Environmental Protection and the New York City Department of City Planning. He has represented numerous government agencies, including the Port Authority of New York and New Jersey, the New York State Empire State Development Corporation, the New York State Thruway Authority, the New York State Department of Health, the New York City Industrial Development Agency, the New York City School Construction Authority, and the New York City Economic Development Corporation. He has represented numerous municipalities with respect to development and SEQRA-related issues and has served as special environmental counsel to many school districts with regard to compliance with SEQRA for new schools or expansions. His clients have also included private industrial, commercial and financial entities and national environmental and civic organizations.

Mark has represented either the sponsoring or reviewing agencies, or private applicants, in major projects, including the Queens West Development Project, Columbia University’s expansion in northern Manhattan, the Willet’s Point (Queens, NY) development, the Gateway at Bronx Terminal Market, the IAC Headquarters building, the Gowanus Green redevelopment project (Brooklyn, NY), the Tappan Zee Bridge/I-287 Corridor Project, the J.F.K. Airport Light Rail System, the Newark Liberty International Airport Monorail Project, the Essex County Resource Recovery Facility (Newark, NJ), the Selkirk (NY) GE Cogeneration Project, the Town of Smithtown (NY) Landfill Expansion Project, the Niagara Resource Recovery Facility (Niagara Falls, NY), the Bronx-Lebanon Hospital Center Medical Waste Incinerator (New York City), the River Walk residential development (Detroit), the Prince's Point development (Staten Island, NY), the Laurel Hill (Phelps Dodge) site (Queens, NY) and the Brooklyn Commons redevelopment.

Areas of Practice:
Environmental Law and Litigation
Development and Land Use

Affiliations:
Mark has lectured and written extensively in the environmental and land use field and is an adjunct professor at the Cardozo Law School, where he teaches environmental litigation. He is currently a member of the Executive Committee of the New York State Bar Association, Environmental Law Section and co-chair of its Committee on Environmental Impact Assessment. Mr. Chertok has served as special environmental counsel to a number of governmental entities, including:

     Port Authority of New York and New Jersey
     New York State Empire State Development Corporation
     New York State Thruway Authority
     New York State Department of Health
     New York City School Construction Authority
     New York City Economic Development Corporation

He has served as special environmental counsel to the municipalities of:

     Cortlandt
     New Square
     Shelter Island
     Eastchester
     North Tarrytown
     Smithtown
     Freeport
     Ossining
     Southampton
     Grand Island
     Rye Brook
     Tuckahoe
     Hastings-on-Hudson
     Scarsdale
     Warwick

Mark has also served as special environmental counsel to numerous school districts, including the following:

     Beacon
     Edgemont
     Pleasantville
     Bedford
     Katonah-Lewisboro
     Rye
     Chappaqua
     Lakeland
     Sullivan West
     Dobbs Ferry
     Ossining

Institutional Affiliations:
American Law Institute-American Bar Association ("ALI-ABA")
National Judicial College
Environmental Law Institute ("ELI")
New York State Bar Association
New York Water Pollution Control Association
Practicing Law Institute
Cambridge Institute
New York Land Use Institute
Westchester Municipal Planning Federation
Rockefeller Institute of Government.

Recent Conferences (Chaired or Co-Chaired):
October 2001 SEQRA 25th Anniversary Conference Symposium: A Quarter-Century of SEQRA.(co-chair and presenter)
March 2001 SEQRA 25th Anniversary Conference (co-organizer and presenter)
Spring 2000 and 2001 Practicing Law Institute ("PLI") Retail Property Development (co-chair and presenter)
Fall 1999 Joint Conference of the Environmental Municipal Law Sections of the New York State Bar Association ("NYSBA") (co-chair and presenter)

Published Works:

  • Mr. Chertok has recently published:
  • "Federal Jurisdiction Over Wetlands," to be included as a chapter in Federal Wetlands Regulation, to be published by the American Bar Association, Douglas R. Williams, ed. (co-author)
  • Contributing Author: Environmental Impact Review in New York, Gerrard, Ruzow and Weinberg (1999-2002)
  • "The Federal Regulation of Wetlands", Environmental Litigation, ALI-ABA (2002), to be reprinted in the EPA Administrative Reporter (co-author)
  • "The New York State Voluntary Cleanup Program." The New York Environmental Lawyer. NYSBA, Vol. 22, No. 2, Spring 2002.
  • U.S. Supreme Court Curtails the Federal Regulation of 'Isolated" Waters and Wetlands Under the Clean Water Act, Municipal Lawyer (January/February 2001) (co-author)
  • State's Voluntary Cleanup Program, N.Y.L.J. December 18, 2000 (co-author)
  • Wetland Permits Altered: Army Corps Puts Forth New License Scheme, N.Y.L.J. Oct. 25, 1999 (co-author)

Recent Lectures & Presentations:

  • "The National Environmental Policy Act", Boot Camp Course on Environmental Law (ELI Boot Camp, 1996 through 2002)
  • "Federal Regulation of Wetlands", Environmental Litigation (ALI-ABA, 1994 through 2002)
  • "Little NEPAs", Environmental Litigation (ALI-ABA, 1994 through 2002)
  • "Economic Impacts and Their Role in SEQRA", )Westchester Municipal Planning, 2002)
  • "Short Course on Planning" (Westchester Municipal Planning Federation and the Michaelian Municipal Law Resources Center of Pace University, 1993, 1999, 2001, 2002).
  • "Issues on Representing Developers", (NYSBA, 2001)
  • "Advanced Environmental Law Workshop" (NYSBA and City of New York Bar Association, 2001)
  • "Land Use and Environmental Issues", PLI "Retail Property Development" (1999-2001)
  • "SEQRA" (Westchester Municipal Planning Federation and the Michaelian Municipal Law Resources Center of Pace University, 2000-2001)
  • "Litigation Under the Clean Air Act", Environmental Litigation (ALI-ABA, 1994 through 2000)
  • "Environmental Issues: Keeping the Deal Together", PLI "Negotiating the Sophisticated Real Estate Sale Transaction" (1999)
  • "Brownfields", PLI "Retail Property Development" (1999)
  • "The Attorney's Ethical Obligations in the Environmental Review Process" (NYSBA Environmental Law Section Annual Meeting, 1999)
  • "Recent Developments in SEQRA and Land Use" (NYSBA Municipal Law Section Annual Meeting, 1999)

Education:

Harvard Law School (J.D. 1970, cum laude)

State University of New York at Buffalo (A.B. 1967, magna cum laude)

Clients:
Mr. Chertok served, or currently serves as principal counsel for project proponents in both governmental approval processes and litigation for a variety of developments, including the following:

     Queens West Waterfront Development Project
     Tappan Zee Bridge/I-287 Corridor Project
     J.F.K. Airport Light Rail System
     Newark International Airport Monorail Project
     Essex County Resource Recovery Facility in Newark, New Jersey

     Selkirk (New York) GE Cogeneration Project
     Proposed Goethals Bridge (Staten Island) crossing
     Town of Smithtown (New York) Landfill Expansion Project
     Avoca Natural Gas Storage Facility in upstate New York
     Green Island (New York) Solid Waste Management Facility
     New York Exchange's Headquarters Project in NYC
     New schools in Chappaqua and Pleasantville (New York)
     Lycee Francais private school in New York City
     Niagara Resource Recovery Facility in Niagara Falls, New York

     Bronx-Lebanon Hospital Center medical waste incinerator in New York  City
     The River Walk residential development in Detroit
     The Celebration at Rainbow Bridge
     Affordable residential housing development in Staten Island, New York.

He also represents a number of private clients in regard to the remediation and redevelopment of "Brownfield" sites, including the following:

     Prince's Point development in Staten Island
     Laurel Hill (Phelps Dodge) site in Maspeth (New York City)
     General Motors Assembly Plant site in Tarrytown (New  York)
     Brooklyn Commons site in Queens (New York City)
     Pelham Plaza site in Westchester County (New York)