Michael
Bogin

Principal

Michael
Bogin

Principal

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.

Best Lawyers in America for Environmental Law, 2016
Chambers USA: America’s Leading Lawyers for Business 2012 to present
New York Area’s Best Lawyers, 2014
New York Metro Area Superlawyers, 2006 to present
Who’s Who Legal, The International Who’s Who of Business Lawyers, Environment 2013 to present
Recipient New York County Lawyer’s Association, Rising Star Award, 2000
Brownfields Redevelopment

Phelps Dodge Brownfield Project

Location: Maspeth, NY | Date: 2014

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

Location: Brooklyn, NY | Date: 2013

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

Location: City Island, NY | Date: 2009

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

Location: Brooklyn, NY | Date: 2014

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 3rd Street and 3rd Avenue.
Municipal Law

Long Island Power Authority – Southampton to Bridgehampton Transmission Line Project

Location: Bridgehampton, NY | Date: 2008

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.

“Plan View: Survey of Current Environmental Enforcement and Real Estate Development Regulation in New York”

For: New York State Bar Association

May 20, 2015

“Flood Zones: Where Does Your Property Stand in Our Post-Sandy State?”

For: Real Estate Board of New York’s (REBNY), Panelist

September 2013

“Recovery and Rebuilding After Superstorm Sandy—Legal Perspectives”

For: Hofstra University School of Law, Co-Chair and Panelist

April 2013

“Private Party Hazardous Material Litigation”

For: The Environmental Counselor

May, 2001

“The New York State Voluntary Cleanup Program”

For: SPRingboard

November 10, 2000

“Allocating Orphan Shares And Other Private Party CERCLA Vagaries”

For: The American Law Institute and the American Bar Association

February, 1999

National Flood Insurance Program Temporarily Reauthorized until December 21, 2018

In recent years, the unpredictability of the National Flood Insurance Program (“NFIP”), administered by the Federal Emergency Management Agency (“FEMA”) has given rise to increasing uncertainty and frustration for coastal and waterfront markets located within Special Flood Hazard Areas. The NFIP program, which provides flood insurance for approximately Read More

Hofstra University School of Law, J.D., 1989, Graduated With Distinction; Member of Hostra Law Review; Recipient of the Citation of Excellence for Community Law Service

University of Rochester, B.A., 1986, Graduated Cum Laude

New York, 1990

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)