Mark Chertok

Practice Areas

Environmental Impact Review/Permitting, Litigation

Career

Mark Chertok has been active in environmental and land use counseling, permitting, enforcement and litigation for more than forty years. His experience spans a broad spectrum of substantive areas, particularly for major transportation and other infrastructure projects and major public and private developments, including environmental assessments and environmental impact statement (EIS) counseling and litigation under the National Environmental Policy Act (NEPA) and the New York State Environmental Quality Review Act (SEQRA); wetlands and water quality permitting under the Clean Water Act and State counterparts; air quality and climate change issues under the Clean Air Act; hazardous substances remediation and litigation under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund); remediation under the New York State Brownfield Cleanup Program; oil spill remediation under the New York Navigation Law; compliance review of Phase I and Phase II environmental assessments; land use and zoning; coastal zone management and historic preservation. A testament to his wetlands experience, Mark has been qualified as an expert in freshwater wetland permitting.

Mark handles matters before numerous Federal, State and City agencies, including the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, the U.S. Department of Transportation (the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, and the Federal Aviation Administration), the U.S Coast Guard, the U.S. Department of the Interior, the New York State Department of Environmental Conservation, the New York State Department of State, the New York City Department of Environmental Protection and the New York City Department of City Planning. He has represented numerous government agencies, including the Port Authority of New York and New Jersey, the Metropolitan Transportation Authority, the New York State Empire State Development, the New York State Thruway Authority, the New York State Department of Health, the New York City Industrial Development Agency, the New York City School Construction Authority, and the New York City Economic Development Corporation. He has represented numerous municipalities with respect to development and SEQRA-related issues and has served as special environmental counsel to many school districts with regard to compliance with SEQRA for new schools or expansions. His clients have also included private industrial, commercial and financial entities and national environmental and civic organizations.

Professional Memberships

Bar Admissions: New York, 1971, U.S. District Court for the Eastern District of New York, U.S. District Court for the Southern District of New York, U.S. Court of Appeals for the Second Circuit

Work Highlights

Bayonne Bridge Navigational Clearance Program

Location: Bayonne, NJ and Staten Island, NY

SPR represented the Port Authority of New York and New Jersey (“Port Authority”) with regard to the environmental review and permitting of this project, which raised the vertical clearance of the Bayonne Bridge over the Kill van Kull for larger container vessels. The environmental reviews were under NEPA, SEQRA and CEQR, as well as Section 106 of the National Historic Preservation Act (“NHPA”). SPR assisted in obtaining permits from the United States Coast Guard, NYSDEC, and NYSDOT. SPR also represented the Port Authority in the successful defense of federal litigation under the Administrative Procedure Act challenging the Environmental Assessment and Cost Guard-issued Finding of No Significant Impact for the project.

Willets Point Development Project

Location: Queens, NY

SPR was retained by the New York City Economic Development Corporation (EDC) to serve as environmental counsel for the preparation of a Generic Environmental Impact Statement for the City of New York's proposed redevelopment of a 61 acre parcel in Willets Point Queens. The Willets Point project is a proposed redevelopment of an underutilized industrial area into a lively, mixed-use, sustainable community and regional destination. Besides the GEIS, SPR assisted the City in other aspects of the proposed project, including hazardous waste remediation and environmental issues relating to the purchase of existing parcels within the project area and the parcels to be utilized to relocate existing businesses. The project, which required the rezoning of the area and adoption of an urban renewal plan, was approved in the Fall of 2008. In 2017 SPR was retained by the Queens Development Group (a partnership of the Related Companies and Sterling Equities) to represent the project developer in connection with hazardous waste remediation pursuant to the Brownfield Cleanup Program. The project will transform an approximately 23 acre area with construction of New York City’s largest 100% affordable housing project in 40 years, a professional league soccer stadium, a public school, park and public open space amenities.

MTA Congestion Pricing

Location: New York, NY

The Triborough Bridge and Tunnel Authority (TBTA), an affiliate of the MTA, along with the New York State and New York City Departments of Transportation (collectively, the Project Sponsors), have proposed the Central Business District Tolling Program (CBDTP) for Federal Highway Administration (FHWA) approval under the Value Pricing Pilot Program (VPPP). This proposal is the first in this country for congestion pricing in a city to reduce congestion (and, in this case, also to raise funds for MTA capital projects). In June 2023, a Finding of No Significant Impact (FONSI) under the National Environmental Policy Act (NEPA) for the proposed CBDTP was issued by FHWA in coordination with the Project Sponsors. SPR has counseled the MTA/TBTA in the development of the EA, including outreach, interfacing with federal, state, local and regional agencies, and advising with respect to various legal issues, as well as with respect to the VPPP. SPR is also representing the MTA/TBTA in nine federal litigations challenging the FONSI, including one brought by the State of New Jersey. In one of those litigations, the Court for the U.S. District Court for the Southern District of New York issued an Opinion and Order on June 20, 2024, affirming the validity of the EA and FONSI.

PFAS Multi-District Litigation

Location: New Jersey and New York

SPR represents the Port Authority of New York and New Jersey as a defendant in a multidistrict litigation concerning pollution resulting from use of aqueous film forming foam containing per- and polyfluoroalkyl substances (PFAS) for fire suppression purposes at various sites, including military bases and airports, throughout the country. The Port Authority is a defendant in multiple cases in the Multi-District Litigation based on its operation of Stewart International Airport.

Queens West Development Corporation

Location: New York, NY

The firm represents the Queens West Development Corporation (QWDC), a subsidiary of Empire State Development and a cooperative undertaking of the State of New York and the Port Authority of New York and New Jersey. QWDC has overseen the remediation and redevelopment of former industrial waterfront property along the East River in Long Island City, Queens. The project boundaries extend from the Anable Basin to 50th Avenue, west of 5th Street. SPR advised on the preparation of the EIS for the project, and successfully defended the EIS against a judicial challenge. SPR helped to structure and negotiate environmental liability risk management protections associated with the property acquisition, oversee contaminated soil remediation pursuant to the Voluntary and Brownfield Cleanup Programs, secure the necessary tidal wetlands permits and other regulatory approvals that authorized the construction of eleven residential buildings (over 4,600 housing units), over 170,000 square feet of retail amenities, public streets and utilities, two public schools and 13 acres of public parkland and recreational areas that has greatly enhanced the Long Island City community. SPR also represented QWDC and a private developer in litigation to recover costs associated with certain aspects of remediation.

Port Authority of New York & New Jersey – Bus Terminal

Location: New York, NY

SPR serves as special environmental counsel to the Port Authority of New York and New Jersey on the environmental impact review of the proposed replacement of the Port Authority Bus Terminal in New York City. The project entails a new main terminal, an adjunct facility for additional bus storage and staging, new ramps, and the conversion of deck-overs to publicly accessible open space. The project also includes two privately funded commercial developments over the new main terminal to assist in funding the transportation and open space elements. In October 2024, the Federal Transit Administration (FTA) issued the final EIS pursuant to the National Environmental Policy Act (NEPA), and the Record of Decision in December 2024.

Greenpoint Landing

Location: Brooklyn, NY

SPR represents the developer of this 27-acre Brooklyn site fronting on the junction of the East River and Newtown Creek for mixed-use. A portion of the project has already been developed with affordable housing; when complete, the project will include extensive affordable housing, a school, retail and open space, with a new waterfront esplanade. SPR assisted in the due diligence conducted prior to acquisition of the site, and represented the developer in obtaining NYSDEC tidal wetlands and protections of water permits and a water quality certificate, as well as an individual ACOE permit for the rehabilitation of the shoreline and the construction of a ferry terminal and new pier. The Firm also represents the developer with respect to the Brownfield Cleanup Program for a portion of the site, and the City OER for other portions of the site.

Education