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

Arthur Kill Terminal

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.

Bronx Point

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.

Prologis

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.

Redevelopment of Former Domino Sugar Factory

Location: Brooklyn, NY

The firm represents 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

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.

Thor Equities Industrial Logistics Development

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.

Two Trees River Ring Project

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.

Equinor Wind – Empire Wind Offshore Wind Projects

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.

Pier 94

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.

Build Ready Transactions – NYSERDA

Location: New York

SPR represents the New York State Energy Research and Development Authority in connection with its Build-Ready large scale renewables development program.

Education

Experience

Board Member, New York State Freshwater Wetlands Appeals Board, 2011-13

Member, New York City Open Industrial Uses External Advisory Committee, 2013

Member, REBNY Climate Resiliency Zoning Text Change Sub-Committee, 2013

Co-Chair, New York State Bar Association, Toxic-Tort Subcommittee, Environmental Law Section, 1998-2006

Chair, New York County Lawyers Association, Environmental Law Committee, 1999-2000