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.
- New York Metro Area Superlawyers, 2006 to present
- Who’s Who Legal, The International Who’s Who of Business Lawyers, Environment 2013 to present
- Chambers USA: America’s Leading Lawyers for Business 2012 to present
- Best Lawyers in America for Environmental Law, 2016
- New York Area’s Best Lawyers, 2014
- Recipient New York County Lawyer’s Association, Rising Star Award, 2000
- Brooklyn Bay Plaza, Coney Island: Obtained Tidal Wetland permits, Coastal Erosion Hazard Area revision and permit, Solid Waste Beneficial Use Determination and Oil Spill Program closures for the development of large retail development and public park
- Wholefoods Supermarket on the Gowanus Canal Superfund Site, Brooklyn, NY: Completed federal and State tidal wetlands permitting, State Environmental Quality review Act natural resources and hazardous material review and obtained United State Environmental Protection Agency sign-off and State Brownfields Cleanup Program certificate of completion for the site on 3rd Street and 3rd Avenue
- New York State Inactive Hazardous Waste Site, Brownfield Cleanup and Voluntary Cleanup Programs: Successfully guided more than a dozen other projects through these programs, including:
- The redevelopment of part of the former Phelps Dodge copper works as a Restaurant Depot;
- The redevelopment of a former dry-cleaner impacted site as what is now that Brooklyn’s tallest building; and
- A former paint Long Island City paint and varnish factory as a luxury residential condominium
- Hurricanes Irene and Sandy: After these devastating hurricanes, Michael has assisted numerous clients in projects to repair, reconstruct and rebuild storm-damaged properties in Brooklyn, Queens, Staten Island and Nassau County including, most recently, the environmental permitting and reconstruction of the Staten Island home port for the Sandy Hook Pilots Association (which provides pilotage service for the entire Port of New York, New Jersey, the Hudson River, East River, Atlantic City, and Long Island Sound)
- Hudson Valley school districts: Represented several school districts in the State Environmental Quality Review Act review of school expansions and athletic fields projects, and, recently, in coordinating the corrective actions needed to restore to use several athletic fields closed due to concerns about prior dumping of illegal fill material
- New York State Freshwater Wetlands Appeals Board, Board Member, 2011-13
- New York City Open Industrial Uses External Advisory Committee, Member, 2013
- REBNY Climate Resiliency Zoning Text Change Sub-Committee, Member, 2013
- New York State Bar Association, Co-Chair, Toxic-Tort Subcommittee, Environmental Law Section (1998-2006)
- New York County Lawyers Association, Chair, Environmental Law Committee (1999-2000)
Presentations and Panels
- Hofstra University School of Law: “Recovery and Rebuilding After Superstorm Sandy—Legal Perspectives”, Co-Chair and Panelist, 2013
- Real Estate Board of New York’s (REBNY) “Flood Zones: Where Does Your Property Stand in Our Post-Sandy State?”, Panelist, 2013
- Private Party Hazardous Material Litigation, The Environmental Counselor, May 2001
- The New York State Voluntary Cleanup Program, SPRingboard, November 10, 2000 Allocating Orphan Shares And Other Private Party CERCLA Vagaries, ALI/ABA February 1999