Michael S Bogin

Practice Areas

Environmental Impact Review/Permitting, Hazardous Substances Remediation, Environmental Issues in Transactions and Real Estate Management, Climate Change and Resiliency

Career

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).

Work Highlights

Bronx Point: 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.

Redevelopment of Former Domino Sugar Factory: The Firm represents Two Trees Management, 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.

Sendero Verde Project: 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.

Two Trees River Ring Project: 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.

New York Liberty – Practice Facility: SPR represents the New York Liberty with regard to waterfront authorizations of a revolutionary practice facility in Newtown Creek. Designed “by players, for players,” the 75,000 square-foot facility is projected to open in 2027 with top-of-the-line amenities including: two full sized practice courts, outdoor basketball court, roof deck player dining area, strength training room, recovery suite, hair/nail/makeup studio, private family lounges. SPR looks forward to supporting the Liberty on this exciting venture.

Professional Memberships

Bar Admissions: New York, 1990, U.S. Court of Appeals for the Second Circuit

Education