|
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) |