Overview

Ed Roggenkamp is a seasoned litigator focused on resolving complex environmental matters, including cost recovery actions under Comprehensive Environmental Response, Compensation and Liability Act, toxic tort claims, challenges to environmental impact reviews under NEPA and its state equivalents, and enforcement actions and citizen suits under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Surface Mining Control and Reclamation Act, and other environmental statutes. As a former professional actor and teacher, Ed understands the importance of crafting a persuasive narrative for the judge or jury, and breaking down complex scientific and technical issues into pieces that can be easily understood by a layperson.

Ed has worked extensively with technical and scientific experts to understand and remediate sites contaminated by historic industrial operations ranging from manufactured gas plants to pharmaceutical, dye, and textile manufacturers. This experience has allowed him not only to help his clients avoid liability for cleanup costs, but also to help clients that own contaminated sites to minimize the cost of remediating their property and proactively take steps to increase the likelihood of recovering remediation costs from other liable parties.

Ed advises clients on the environmental aspects of corporate transactions such as indemnity provisions, hazardous waste remediation, permitting, and post-transaction environmental compliance. He has been involved in various aspects of renewable energy development, transactions involving traditional fossil-fuel-fired power plants, and climate change regulation. He has also has defended clients in both formal and informal enforcement actions by the federal EPA and state and local regulators. His litigation experience allows him to understand and minimize environmental risk for his clients.

Admitted only in New York and Connecticut, not admitted in the District of Columbia. Practicing under the supervision of the partners of Schiff Hardin LLP who are admitted in the District of Columbia.

  • Experience

    • Served as lead associate on Next Millennium Realty v. Adchem Corp., a complex CERCLA cost-recovery litigation, and the related case State of New York v. Next Millennium Realty. Responsible for every aspect of the case from pleadings through discovery, summary judgment and appeal. Obtained dismissal of all claims against Adchem Corporation and related family-owned corporations.
    • Extensive experience with hazardous waste sites and related litigation, including supervision of environmental consultants, compliance with state brownfield cleanup regulations, negotiation of cost-sharing and indemnity agreements with private parties and insurers.
    • Performed due diligence on numerous energy transactions involving traditional fossil-fuel fired power plants and a proposed offshore wind farm.
    • Served as counsel to local governments defending challenges to land-use actions.
    • Worked directly with clients on responses to environmental enforcement actions, citizen suits, and compliance audits, in order to resolve issues that could lead to environmental liability.
  • Credentials

    Education

    • Harvard Law School, J.D., 2009, cum laude
      Semifinalist and Team Leader, National Environmental Law Moot Court
      Harvard Environmental Law Review, Article Editor
      Research Assistant, Prof. Richard Lazarus
    • Yale University, B.A., Theatre Studies (Performance Concentration), 2000

    Bar Admissions

    • New York
    • Connecticut
    • U.S. Court of Appeals for the Second Circuit
    • U.S. District Court for the Eastern District of New York
    • U.S. District Court for the Southern District of New York

        Clerkships

        • Honorable Michael H. Dolinger, U.S. Magistrate Judge, S.D.N.Y. (2010-2011)

        Professional Memberships

        • American Bar Association
        • New York State Bar Association
        • American Constitution Society

        Teaching Appointments

        • Lecturer-in-Law, Boston College, Environmental Law & Policy (2009)
      • Insights

        Publications

        • “SPR Defeats Appeal of Superfund Liability Claims Based on Veil-Piercing, Lease/Sublease of Contaminated Property,” Blog Post, Sive, Paget & Riesel, P.C. (May 23, 2017)
        • “LIPA Approves Power Purchase Agreement for Nation’s Largest Offshore Wind Farm,” Blog Post, Sive, Paget & Riesel, P.C. (Feb. 6, 2017)
        • “New York Offshore Wind Activities Update – Auction Completed, Lawsuit Proceeds, Cuomo Announces Goals,” Blog Post, Sive, Paget & Riesel, P.C. (Jan. 17, 2017)
        • “Bureau of Ocean Energy Management Announces Offshore Wind Lease Auction in New York,” Blog Post, Sive, Paget & Riesel, P.C. (Oct. 28, 2016)
        • “Interior Department Advances Plans for Offshore Wind Development in New York,” Blog Post, Sive, Paget & Riesel, P.C. (Jun. 8, 2016)
        • “Supreme Court Stays Clean Power Plan,” Blog Post, Sive, Paget & Riesel, P.C. (Feb. 16, 2016)
        • “Final Clean Power Plan Announced,” Blog Post, Sive, Paget & Riesel, P.C. (Aug. 14, 2015)
        • “New York Issues Final Supplemental Generic Environmental Impact Statement on Fracking,” (May 26, 2015)
        • “SPR Defeats Superfund Veil-Piercing Liability Claim,” Blog Post, Sive, Paget & Riesel, P.C. (May 12, 2015)
        • “New York Moves to Ban Fracking,” Blog Post, Sive, Paget & Riesel, P.C. (Dec. 18, 2014)
        • “SPR Defeats Superfund Liability Claim Against Lessee/Sublessors of Contaminated Property,” Blog Post, Sive, Paget & Riesel, P.C. (Oct. 24, 2014)
        • “Fracking Roundup: EPA Seeks Comment on Possible Disclosure Rule for Fracking Chemicals, Revision to Regulations of Air Emissions from Gas Drilling; New York Court Denies Standing Under SEQRA for Mineral Rights Holders Seeking to Force Issuance of SGEIS for Fracking,” Blog Post, Sive, Paget & Riesel, P.C. Jul. 30, 2014)
        • “Department of Interior Moving Forward with Offshore Wind in New York,” Blog Post, Sive, Paget & Riesel, P.C. (May 30, 2014)
        • “D.C. Circuit Upholds EPA Rules Limiting Mercury Emissions from Power Plants and Tightening Air Quality Standards,” Blog Post, Sive, Paget & Riesel, P.C. (May 20, 2014)
        • “Second Circuit Denies Relief in Bhopal Water Pollution Case,” Blog Post, Sive, Paget & Riesel, P.C. (Jul. 9, 2013)
        • “Appellate Division Upholds Municipal Zoning Law Banning Fracking,” Blog Post, Sive, Paget & Riesel, P.C. (May 13, 2013)
        • “D.C. Circuit Denies Rehearing on Cross-State Air Pollution Rule and Greenhouse Gas Rules,” Blog Post, Sive, Paget & Riesel, P.C. (Feb. 13, 2013)
        • “Court Rejects SEQRA Challenge to Hudson River Park Trust’s Lease for Natural Gas Pipeline,” Blog Post, Sive, Paget & Riesel, P.C. (Feb. 8, 2013)
        • “New York Seeks to Foster Offshore Wind Projects,” Blog Post, Sive, Paget & Riesel, P.C. (Apr. 18, 2012)
        • “DEC Proposes Power Plant Regulations for Carbon Dioxide Emissions and Environmental Justice,” Blog Post, Sive, Paget & Riesel, P.C. (Jan. 26, 2012)
        • “EPA Issues Final Rule on Emission of Mercury and Air Toxics from Power Plants,” Blog Post, Sive, Paget & Riesel, P.C. (Dec. 21, 2011)
        • Environmental Enforcement (Daniel Riesel) (periodic revisions, Ch. 10, Clean Air Act & Climate Change)

        Speeches & Presentations

        • “Renewable Energy: Law, Politics & Practice,” Lawline CLE Seminar (Jul. 2017)
        • “A Lawyer’s Guide to Power Purchase Agreements for Renewable Energy,” Lawline CLE Seminar (May 2017)
        • “Renewable Energy: Law, Politics & Practice,” Lawline CLE Seminar (Feb. 2016)
      • Citizenship

        Pro Bono Activities

        Ed’s pro bono work has included both environmental and non-environmental matters:

        • Drafted amicus brief on behalf of the National Parks Conservation Association dealing with regional haze issues in national parks in Minnesota and Michigan
        • Worked with individuals to settle delinquent credit card debt
        • Resolved landlord-tenant dispute