Bio

Michael Bogin 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).