Mr. Michael S. Bogin

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.

Recognition

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

Community

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)