Kevin M. Hogan

Partner Buffalo

A formidable environmental lawyer providing strategic counsel to clients with regulatory compliance and transactional matters as well as in environmental and toxic tort litigation on a national level.

With a practice focused on both transactional and litigation sides of environmental law, Kevin is a leading “Top Ranked” lawyer in Environmental Law in Chambers USA. An effective and efficient legal advisor, Kevin counsels clients on environmental compliance with respect to permits, investigations and enforcement proceedings by state and federal agencies, and on environmental issues arising in corporate, commercial and lending transactions. An experienced litigator, with a track record of successfully resolving disputes, Kevin zealously defends clients in environmental cost-recovery claims, toxic exposure lawsuits, and engineering and professional malpractice claims. He also represents clients in disputes involving patents, licenses, trademarks and other intellectual property. Kevin is known for his exceptional negotiation skills, and serves as a court-designated mediator in the Western District of New York.

With a degree in mechanical and metallurgical engineering, Kevin worked in manufacturing management for five years before starting law school. Kevin clerked for the Hon. Richard C. Cardamone, Judge of the U.S. Court of Appeals for the Second Circuit after graduation.

Kevin was previously Managing Partner for Phillips Lytle for seven years, in addition to being a Governing Committee Member and Practice Group Leader throughout his time at the firm.


Honors & Awards

  • City & State, Upstate Power 100, 2023
  • Listed in The Best Lawyers in America®
    • Named the Best Lawyers® Environmental Law “Lawyer of the Year” in Buffalo, 2015, 2017, 2019
    • Named the Best Lawyers® Litigation – Environmental “Lawyer of the Year” in Buffalo, 2013, 2022
  • City & State, Law Power 100, 2022-2023
  • Buffalo Business First, Power 250 List, 2017-2023
  • Listed in Chambers USA: Americas Leading Lawyers for Business, 2013-2023
    • Top Ranked, 2020-2021
  • Upstate New York Super Lawyers® list, 2007-2023
    • Named Top 50 Lawyer, 2010, 2012
  • Buffalo Business First, C-Level Executives Award, 2021
  • City & State, Western New York Power 100, 2021
  • The Daily Record, Power 50 List – Law, 2021
  • Listed in Legal Elite of WNY, Business First of Buffalo and Buffalo Law Journal, 2017-2020
    • Legal Leader, 2018-2019
  • Litigation Counsel of America, Fellow
    • Order of Veritas, Barrister
    • Order of Certus, Advocate
    • Trial Law Institute, Member
    • Diversity Law Institute, Member
Awards & Certifications

Education & Admissions

  • Harvard Law School, October 2016
    – Executive Education | Leadership in Law Firms
  • Vermont Law School, J.D., summa cum laude, 1991
  • University of Connecticut, B.S., Mechanical and Metallurgical Engineering, 1983
Admitted to Practice
  • New York
  • U.S. District Court, Southern District of California
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Northern and Western Districts of New York
  • U.S. Court of Appeals, Second and Third Circuits
Judicial Clerkships
  • Hon. Richard C. Cardamone; U.S. Court of Appeals, Second Circuit, 1991-1992



Represents clients in state and federal court and before administrative panels and arbitration tribunals, in enforcement proceedings and cost recovery actions brought by the U.S. Environmental Protection Agency (EPA) and the New York State Department of Environmental Conservation (DEC), and in citizen suits and private-cost recovery claims commenced under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Clean Water Act (CWA), and New York’s Oil Spill Act. Also assists clients in defending and challenging New York State Environmental Quality Review Act (SEQRA) and other agency decisions pursuant to Article 78 of the New York Civil Practice Law and Rules.

  • Successful defense and dismissal, on insufficient pleading and other legal grounds, of individual and class action personal injury and property damage toxic tort claims under various state common laws arising from alleged migration of contamination from landfill, following multiple motions to dismiss and for other relief (Bellafaire v. Town of Wheatfield, 401 F.Supp. 3d 405 (W.D.N.Y. 2019);
  • Successful defense and dismissal, on insufficient pleading and pre-emption grounds, of individual and class action personal injury and property damage toxic tort claims under various state common laws arising from alleged failed remediation of adjacent landfill (Salerno v. City of Niagara Falls, ___ F.3d ___ (2d Cir. 2021));
  • Successful joint defense and dismissal of state tort claims by adjacent property owner on statute of limitations and pre-emption grounds (EPK Props., LLC v. Pfohl Brothers Landfill Site Steering Comm., 159 A.D.3d 1567 (4th Dep’t 2018);
  • Successful challenge of town’s failure to act with respect to telecommunications tower under Telecommunications Act of 1996 (New Cingular Wireless PCS, LLC v. Town of Fenton, 843 F. Supp. 2d 236 (N.D.N.Y. 2012));
  • Successful settlement of government CERCLA claims following intervention by non-party to appear and oppose entry of consent decree (United States v. ExxonMobil Corp., 264 F.R.D. 242 (N.D.W.V. 2010));
  • Successful recovery of allocable share of response costs under CERCLA following bifurcated trials on liability and response cost allocation, including an appeal, involving remediation of landfill used by chemical manufacturer and cosmetics formulator (W.R. Grace & Co. – Conn. v. Zotos Int’l, Inc., 2000 Westlaw 1843258 and 1843282 (W.D.N.Y. Nov. 2, 2000), W.R. Grace & Co. – Conn. v. Zotos Int’l, Inc., 559 F.3d 85 (2d Cir. 2009) W.R. Grace & Co. – Conn v. Zotos Int’l, Inc., 2013 Westlaw 5488939 (W.D.N.Y. Sept. 30, 2013));
  • Successful settlement of neighborhood toxic tort claim involving solvent (VOC) contamination of groundwater and long-term remediation solution, following bifurcation of liability from damages (Raiport v. Gowanda Electronics Corp., 739 N.Y.S.2d 811 (Sup. 2001));
  • Successful recovery of allocable share of response costs under CERCLA following corporate successor liability trial, equitable allocation trial, extensive motion practice and multiple appeals in matter involving historic manufactured gas plant operations, contamination of surface water sediments and remediation bifurcated between riparian and terrestrial components (State of New York v. Westwood-Squibb Pharmaceutical Co., 737 F. Supp. 1272 (W.D.N.Y. 1990), 767 F. Supp. 456 (W.D.N.Y. 1991), aff’d, 964 F.2d 85 (2d Cir. 1992), 981 F. Supp. 768 (W.D.N.Y. 1997), modif’d, 62 F. Supp. 2d 1035 (W.D.N.Y. 1999), and 138 F. Supp. 2d 372 (W.D.N.Y. 2000));
  • Summary dismissal from private CERCLA cost recovery action (Town of Wallkill v. Tesa Tape, Inc., 1997 Westlaw 666271 (S.D.N.Y. 10/27/97));
  • Reversal of dismissal on appeal following adverse bankruptcy ruling and trial court affirmance of private cost recovery and declaratory judgment claim under CERCLA (AL Tech Specialty Steel Corp. v. Allegheny Int’l Credit Corp., 104 F.3d 601 (3d Cir. 1997));
Environmental Transactional Due Diligence

Counsels clients involved in transactions, including purchasers, sellers, lenders and borrowers, on potential liabilities identified in Phase I and Phase II Environmental Site Assessments, regulatory compliance audits, and asbestos, lead paint, vapor intrusion and mold assessments. Frequently assists clients in analyzing CERCLA All Appropriate Inquiries defenses and navigating risk associated with potential successor liabilities. Clients include publicly-held corporations, private and family-owned businesses, lenders, developers, property owners, and commercial landlords and tenants.

Solid and Hazardous Waste

Under federal and state statutory and regulatory programs concerning management of solid and hazardous waste, advises clients on overall compliance, represents clients in state and federal administrative enforcement actions and voluntary remedial programs, assists clients in the preparation and submittal of Beneficial Use Determination petitions to the New York State Department of Environmental Conservation for the beneficial reuse of solid waste materials, and counsels clients on potential liabilities associated with asbestos, lead-based paint and PCBs.

Underground Storage Tank Regulations

Assists clients on compliance with federal and state underground storage tank regulations, including registration, overfill protection, release detection, inventory monitoring and testing requirements, and advises clients on potential liabilities associated with redevelopment of gasoline stations and other sites with existing and removed underground storage tanks.

New York State Brownfield Cleanup Program

Extensive experience counseling clients on the benefits of participating in the Brownfield Cleanup Program, including liability releases and tax credits, assisting clients in the preparation of applications for participation in the Brownfield Cleanup Program and representing clients in meetings with the New York State Department of Environmental Conservation to discuss application requirements, citizen participation, brownfield agreements, remedial investigation work plans, remedy selections, completions and liability releases.

Regulatory Takings

Assists clients in preparing potential takings claims under the Fifth Amendment for litigation.


Speaking Engagements

View All
  • Panelist, “WNY Leaders Discuss Culture Initiatives to Attract and Retain Talent,” Buffalo Business First Executive Roundtable, November 2022

Activities & Professional Associations

Present Activities

  • Erie County Bar Association Volunteer Lawyers Project (VLP), Board of Directors
  • The Pundit Club

Past Activities

  • Erie County Medical Center Corporation
    • Board of Directors, 2004-2017
    • Chair of Board, 2012-2015
  • Great Lakes Health System of Western New York
    • Board of Directors, 2012-2015
  • Buffalo Tennis & Squash Club
    • Board of Governors, 2008-2011
  • Delaware Soccer Club
    • Coach, 2001-2011
  • Buffalo Squash Racquets Association
    • High School Coach, 2008-2010
  • Church Mission of Help
    • Board of Directors, 2005-2009
  • Erie County Environmental Management Council
    • Pesticide Reduction Committee Chair, 2004-2006
  • Westminster Early Childhood Programs
    • Board of Advisors, 1996-2000
    • President, Board of Advisors, 1997-1998
    • Church Finance Committee, 1997-2003

Professional Associations

  • American Bar Association
    • Section of Environment, Energy, and Resources (SEER)
    • Law Practice Division
    • Litigation Section
  • Bar Association of Erie County
    • Environmental Law Committee
    • Federal Practice Committee
  • Defense Research Institute
  • International Association of Defense Counsel
  • New York State Bar Association
    • Commercial and Federal Litigation Section
    • Environmental & Energy Law Section
    • Trial Lawyers Section
  • Western New York Trial Lawyers Association

Articles & Publications


  • Co-Author, “Western District Case Notes,” The Daily Record, April 2016-Present, The Bulletin, Bar Association of Erie County, 2005 – Present
  • Author, “State or Federal Court: The Commencement or Removal of Civil Cases in New York,” Federal Courts. L. Rev. 5, Dec. 1999
  • Author, “CERCLA and the Effect of Settlements on Non-Settling Defendants: Time to Settle the Settlement Dispute!,” 2 Ferae Naturae 25, 1991
  • Author Note, “Inert Ingredients and Pesticide Registration Data Requirements: EPA’s Complacency Compounds FIFRA’s Inadequacies,” 15 Vermont Law Review 265, 1990