Kevin M. Hogan

• Appellate
• Commercial Litigation
  • Real Estate Litigation
• Environmental Law
  • Brownfields & Brownfield Redevelopment
  • Environment Litigation
  • Regulatory
  • Transactional Due Diligence
• Personal Injury Defense Litigation
  • Premises Liability
  • Workplace Accidents
  • Wrongful Death
• Product Liability and Mass Tort Litigation
  • Asbestos
  • Chemical Exposure/Toxic Torts
• White Collar Criminal Defense & Government Investigations

• New York
• U.S. District Court, Southern District of California
• U.S. District Court, Northern District of Illinois
• U.S. District Court, Northern District of New York
• U.S. District Court, Western District of New York
• U.S. Court of Appeals, Second Circuit
• U.S. Court of Appeals, Third Circuit

• 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
• Buffalo Business First, Power 250 List, 2017-2023
• Listed in Chambers USA: America’s Leading Lawyers for Business, 2013-2022
  • Top Ranked, 2020-2021
• Upstate New York Super Lawyers^® list, 2007-2022
  • Named Top 50 Lawyer, 2010, 2012
• Buffalo Business First, C-Level Executives Award, 2021
• Listed in 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

• 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

• Hon. Richard C. Cardamone; U.S. Court of Appeals, Second Circuit, 1991-1992

• 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 and Procedure 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

Litigation

Represent clients in state and federal court and before administrative panels and arbitration tribunals, in enforcement proceedings and cost recovery actions brought by EPA and DEC, and in citizen suits and private cost recovery claims, commenced under CERCLA, RCRA, CWA, and the New York Oil Spill Act. Assist clients in defending and challenging SEQR decisions pursuant to Article 78 of the New York Civil Practice Law and Rules.

Environmental Transactional Due Diligence

Counsel clients involved in transactions, both purchasers and sellers, 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. Assist clients in analyzing CERCLA All Appropriate Inquiries defenses and 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

Counsel clients on management of solid and hazardous waste to comply with federal and state statutes and regulations. Represent clients in state and federal administrative enforcement actions and voluntary remedial programs. Assist 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. Counsel clients on potential liabilities associated with asbestos, lead-based paint, and PCBs.

Underground Storage Tank Regulations

Counsel clients on compliance with federal and state underground storage tank regulations, including registration, overfill protection, release detection, inventory monitoring, and testing requirements. Advise 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

Counsel clients on the benefits of participating in the Brownfield Cleanup Program, including liability release and tax credits. Assist clients in the preparation of applications for participation in the Brownfield Cleanup Program. Participate in meetings with the New York State Department of Environmental Conservation to discuss application requirements, citizen participation, brownfield agreements, remedial investigation work plan, and remedy selection.

Other Areas of Expertise

Regulatory Takings – Assist clients in preparing potential takings claims under the Fifth Amendment for litigation.

• W.R. Grace & Co. – Conn v. Zotos Int’l, Inc., No.98-CV-838S, 2013 WL 5488939 (W.D.N.Y. Sept. 30, 2013)
• AT&T Mobility Corporation v. Town of Fenton, ___ F. Supp. 2d ___ (N.D.N.Y. 2012)
• NL Industries, Inc. v. Halliburton Company, Civil Action No. 10-CV-89A, November 2, 2010
• United States v. ExxonMobil Corp., 264 F.R.D. 242 (N.D.W.V. 2010)
• Price Trucking Corp. v. Norampac Ind. Inc., 2010 WL 4069223 (W.D.N.Y. June 17, 2010)
• W.R. Grace & Co. – Conn. v. Zotos Int’l, Inc., 559 F.3d 85 (2d Cir. 2009)
• Buffalo Color Corp. v. Alliedsignal, Inc., 139 F. Supp. 2d 409 (W.D.N.Y. 2001)
• Raiport v. Gowanda Electronics Corp., 739 N.Y.S.2d 811 (Sup. 2001)
• W.R. Grace & Co. – Conn. v. Zotos Int’l, Inc., No. 98-CV-838S(F), 2000 U.S. Dist. Lexis 18091 (W.D.N.Y. Nov. 2, 2000)
• W.R. Grace & Co. – Conn. v. Zotos Int’l, Inc., No. 98-CV-838S(F), 2000 U.S. Dist. Lexis 18096 (W.D.N.Y. Nov. 2, 2000)
• 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)
• Seneca Meadows, Inc. v. ECI Liquidating, Inc., 983 F.Supp. 360 (W.D.N.Y. 1997) and 16 F. Supp. 2d 255 (W.D.N.Y. 1998)
• AL Tech Specialty Steel Corp. v. Allegheny Int’l Credit Corp., 104 F.3d 601 (3d Cir. 1997)
• Town of Wallkill v. Tesa Tape, Inc., 1997 U.S. Dist. Lexis 16620 (S.D.N.Y. 10/24/97)

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

• 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