Michael Bogin’s practice focuses on all aspects of environmental regulation and permitting, with particular emphasis on waterfront development and affordable housing projects. These projects have required Tidal Wetlands and Protection of Waters permits from the New York State Department of Environmental Conservation, individual Clean Water Act 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 also worked extensively with submerged and formerly submerged lands issues, involving disposition of riparian interests, and purchasing or leasing property interests from the State and City of New York. Following hurricanes Irene and Sandy, Michael also developed significant expertise in coastal resiliency and FEMA flood zone mapping issues.
Michael’s practice has also long emphasized hazardous materials remediation and solid and hazardous waste management. Michael has helped dozens of clients complete their projects and obtain State tax credits under the New York State Brownfield Cleanup Program (BCP). Among other projects, Michael helped to obtain BCP COCs for one of the City’s largest affordable housing projects, Sendero Verde, in Harlem and the Bronx Point affordable housing project that includes the Universal Hip-Hop Museum. Transactional due diligence also factors heavily into Michael’s practice, and he works with both buyers and sellers on Phase I and Phase II Environmental Site Assessments to ensure that client environmental risk in minimized and available public benefits are maximized.
Starting with the seminal New York City landfills Superfund cases, Michael has litigated many Comprehensive Environmental Response, Compensation and Liability Act (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 metals. Michael has litigated New York Navigation Law and Resource Conservation and Recovery Act (RCRA) imminent and substantial endangerment claims against several utilities. He also tried the first New York State Stormwater Construction General Permit case under 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 robust set of experiences working with governmental clients. 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 New York State Environmental Quality Review Act (SEQRA).
Best Lawyers®, Lawyer of the Year in Environmental Law for New York City, 2023
Best Lawyers®, Environmental Law
New York Metro Super Lawyers, Environmental Law
New York Metro Super Lawyers, Top 100 Lawyers
Chambers and Partners USA, Ranked Band 2 Environmental Lawyer
Who’s Who Legal, Environment & Climate Change
Recipient, New York County Lawyer’s Association, Rising Star Award, 2000
Location: Maspeth, NY
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.
Location: Brooklyn, NY
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.
Location: Staten Island, NY
SPR is environmental counsel to the developer of the proposed Arthur Kill Terminal, the first offshore wind pre-assembly port facility in New York State. SPR assisted in identifying and acquiring the project site and is shepherding the project through the state and federal permitting and approval processes. This Staten Island project is uniquely positioned to serve the offshore wind industry in the Mid-Atlantic and will form a hub for the development of an offshore wind supply chain. The project will reduce the cost of constructing and operating offshore wind projects, facilitate the realization of significant local economic benefits, create thousands of jobs, provide workforce development and training, and catalyze supply chain investments needed to support offshore wind projects throughout the United States.
Location: Bronx, NY
SPR is representing the development team selected by the City of New York to remediate a long- underused waterfront property, expand and modernize the existing Mill Pond Park, construct new affordable housing and build the Nation’s first brick-and-mortar Hip Hop Museum. SPR is advising as to the remediation of the site under the New York State Brownfield Program and as to state and federal environmental permitting.
Location: New York and New Jersey
SPR is environmental counsel to Prologis on pre-acquisition due diligence, transaction negotiation and redevelopment of industrial logistics properties in New York and New Jersey. The firm also counsels Prologis on environmental remediation and regulatory compliance, including waterfront permitting and complex waterfront title issues.
Location: Brooklyn, NY
The firm represents The Refinery, LLC, the developer of the former Domino Sugar facility on the East River in Brooklyn, with regard to waterfront permitting. The proposed development involves construction of new buildings that will include up to 120,000 gross square feet (gsf) of retail/commercial space, up to 100,000 gsf of community facility use, and up to 2,400 residential units (2.64 million gsf). Thirty percent of the units will be offered as affordable housing. In addition, the project includes development of approximately 4.1 acres of public open space including an approximately 1-acre lawn at the center of the site and a waterfront esplanade along the East River.
Location: New York, NY
The Sendero Verde project is nearing completion of a two-phase full-block development remediated under the NYS Brownfield Cleanup Program, that will create approximately 700 affordable housing units for very low to moderate income households and the formerly homeless. The combined phases of Sendero Verde will be the largest multifamily residential Certified Passive House in the US.
Location: New York, New Jersey, Illinois, California, and Florida
SPR represents Thor Equities as environmental counsel on multiple acquisitions of industrial logistics properties in New York, New Jersey, Illinois, California and Florida. The firm also counsels Thor Equities on post acquisition environmental remediation and regulatory compliance issues in connection with redevelopment and management of its industrial logistics portfolio.
Location: Brooklyn, NY
Two Trees Management, working with world-renowned Bjarke Ingels Group and James Corner Field Operations, has obtained master plan approval for The River Ring --a groundbreaking development on the Williamsburg waterfront that will create a new model for urban waterfront resiliency and transform the way New Yorkers interact with the water. River Ring is repurposing a former Con Edison industrial site for much-needed housing and completing a continuous public waterfront in North Brooklyn. The plan is anchored by a first-of-its-kind protected public beach and in-water park that will also insulate the inland community from flooding. SPR has successfully worked on all aspects of this project from the environmental due diligence, real estate transaction, through the ULURP approvals, environmental permitting and subsequent failed legal challenge to the rezoning.
Location: Brooklyn, NY
SPR represented Thor Equities in the redevelopment of this solid waste landfill on Gravesend Bay into a wholesale store and large waterfront park. The Firm consulted with respect to a coastal erosion hazard area designation, a decades-old solid waste enforcement action, tidal wetlands jurisdiction, and several open petroleum spills.
Location: Red Hook, NY
SPR represents Thor Equities with respect to the redevelopment of the former Revere Sugar refinery property in Red Hook, and assisted the developer to obtain permits from NYSDEC and the ACOE to stabilize the shoreline.
Location: Long Island, NY
SPR represents Equinor Wind US in the local and state permitting and development, and aspects of federal permitting, for the Empire Wind 1 and the Empire Wind 2 offshore wind projects that will supply New York State with over 2 gigawatts of renewable energy, power 1 million homes, and provide billions of dollars of economic benefits to the State. The projects also are expected to provide tens of millions of dollars in investments in long-term port facilities, related infrastructure, and new technologies. Together, these offshore wind projects will help the State meet the renewable energy and offshore wind capacity mandates set forth in NY’s Climate Leadership and Community Protection Act, diversify NY’s energy portfolio, and reduce greenhouse gas emissions. SPR assisted Equinor acquire various properties that will support its offshore wind projects, and helps navigate the remediation of those properties thorough the Brownfield Cleanup Program. The Firm also advises Equinor on parkland alienation and conversion issues, on the development of an offshore wind port in New York City that will service Equinor’s offshore wind projects and house the onshore substation for the Empire Wind 1 project, on other required local approvals and land rights, on contractor procurement, and on diligence for private finance relating to environmental permitting and litigation risk. SPR assisted Equinor on the development of the Beacon Wind 1 offshore wind project until early 2024, when Equinor transferred its interest in that project to another offshore wind developer.
Location: New York, NY
The long-blighted Pier 94, which once berthed Cunard Line’s 1,000-foot ocean liners, is being transformed by Blackstone and Vornado into Manhattan’s first purpose-built studio. The 266,000 square foot Sunset Pier 94 will have six soundstages along with open riverfront areas and other community amenities when it is completed at the end of 2025. Several stages will be equipped with technological infrastructure capable of handling virtual production. The project will create more than 1,300 construction jobs and 400 permanent jobs, contributing $6.4 billion to the local economy over the next 30 years.
Location: New York, NY
SPR successfully opposed a portion of a proposed 424-mile natural gas pipeline that was to cross through Hudson River fisheries. The Firm addressed NEPA issues relating to project’s siting and impacts, Natural Gas Act issues pertaining to project necessity, and Coastal Zone Management Act issues regarding impacts to New York’s coastal zone. The Firm retained experts and submitted motions, objections and comments through multiple administrative and judicial proceedings, including before the Federal Energy Regulatory Commission, the US Department of Commerce, and the US District Court and Court of Appeals. After summary judgment victories by SPR and other governmental entities, Millennium terminated its route before the Hudson River.
For: SPR & PWGC Joint Webinar
March 2024 | Presented by Kevin Rogers and Derek Ersbak (P.W. Grosser Consulting) and moderated by Michael Bogin
“Contaminated Property Development”
For: Pace University Elisabeth Haub School of Law
March 26, 2024 | Presented by Michael Bogin
“Lands Under Water in NYC: Foundation of Waterfront Development”
For: Fordham Law School
October 2021 | Co-Presented by Michael Bogin and Alexis Saba
“What Your Phase I Won’t Tell You About Developing a Waterfront Site in New York City”
For: Environmental Law in New York Vol. 31, No. 79
2020 | Written by Michael Bogin and Katherine Ghilain Trudell
“Navigating Urban Waterway Development”
For: Center for Creative Land Recycling
2019 | Presented by Michael Bogin
“Plan View: Survey of Current Environmental Enforcement and Real Estate Development Regulation in New York”
For: New York State Bar Association
May 20, 2015 | Co-Presented by John-Patrick Curran and Michael Bogin
“Flood Zones: Where Does Your Property Stand in Our Post-Sandy State?”
For: Real Estate Board of New York’s (REBNY), Panelist
September 2013 | Panelist Michael Bogin
“Recovery and Rebuilding After Superstorm Sandy—Legal Perspectives”
For: Hofstra University School of Law
April 2013 | Co-Chair & Panelist Michael Bogin
“Private Party Hazardous Material Litigation”
For: The Environmental Counselor
May, 2001 | Written by Michael Bogin
“The New York State Voluntary Cleanup Program”
For: SPRingboard
November 10, 2000 | Written by Michael Bogin
“Allocating Orphan Shares And Other Private Party CERCLA Vagaries”
For: The American Law Institute and the American Bar Association
February 1999 | Written by Michael Bogin
Rooftop Solar Systems Required by NYC Local Laws May Qualify for IRA’s Renewable Energy Tax Credits
New York City local law requires new roofs (with some exceptions) to install a solar photovoltaic (PV) electricity generating and/or green roof system. While these requirements became effective in 2019, given the pace of construction in New York City, many of the roofs covered by the law have only recently ...
DEC Publishes Final Revisions to Solid Waste Management Regulations
Almost five years after publishing the
first substantial revisions to its solid waste management regulations, the New York State Department of Environmental Conservation (DEC) published a new set of
final revisions to the ...
Supreme Court Significantly Curtails Federal Jurisdiction over Wetlands in Sackett v. EPA
On May 25, 2023, the Supreme Court issued its
decision in Sackett v. EPA, ruling that federal jurisdiction over wetlands under the Clean Water Act (CWA or the Act), which prohibits discharging pollutants into “the waters of the ...
Energy Community Guidance for Brownfields under the Inflation Reduction Act
The Internal Revenue Service (IRS) and the Treasury Department released
guidance last month on the bonus credit available for certain production and investment tax credits issued to qualified projects located in “energy communities” pursuant to the Inflation Reduction ...
NYC Adopts Sweeping New Stormwater Rule
In February 2022, the New York City Department of Environmental Protection (DEP) adopted the
Unified Stormwater Rule (USWR) to update the stormwater management requirements for all new development and redevelopment sites that discharge to City sewers. The USWR amends ...
NYS Department of Environmental Conservation Proposes Revisions to Part 375 Remedial Programs
On December 22, 2021, the New York State Department of Environmental Conservation (DEC) issued a
Notice of Proposed Rulemaking to amend the Environmental Remediation Program regulations at 6 NYCRR Part 375. The notice states that the proposed amendments are designed to implement the 2015 statutory ...
