Ed Roggenkamp

Ed Roggenkamp is a seasoned litigator focused on resolving complex environmental matters. Ed uses his skills as a former professional actor and teacher to help his clients win environmental cases, by explaining complex technical concepts so that they are easy to understand, and crafting a compelling narrative for the judge or jury. His litigation practice has included cost recovery actions under the 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, and other environmental statutes. He has also defended clients in both formal and informal enforcement actions by the federal EPA and state and local regulators, and spent several years as the primary editor of the climate change and Clean Air Act section of a legal treatise on environmental enforcement.

Ed advises clients on the environmental aspects of corporate transactions and real estate development, such as pre-purchase environmental due diligence and permitting, contractual indemnity provisions, hazardous waste remediation, and post-transaction environmental compliance. He has advised on numerous transactions involving the energy sector, including environmental due diligence of operating onshore wind farms and proposed offshore wind development on the East Coast, negotiation of power purchase agreements for utility-scale solar photovoltaic power plants, purchases and sales of fossil-fuel-fired power plants, and negotiation of measures to mitigate wildlife impacts from electric transmission lines. His litigation experience allows him to understand and minimize environmental risk for his transactional clients.

Ed has worked extensively with technical and scientific experts to understand and remediate sites contaminated by historic industrial operations including manufactured gas plants, oil refineries, and manufacturers of various products including automobiles, pharmaceuticals, textiles, and dyes. In the litigation context, this has included both affirmative and defensive work with environmental experts such as engineers and toxicologists, and non-environmental experts such as property appraisers and commercial leasing experts. Outside of litigation, Ed has worked alongside environmental engineers to guide the remediation of contaminated properties and advise on the management of coal combustion residuals. By engaging with environmental professionals early in the remediation life cycle, Ed has not only helped his clients avoid liability, but also assisted owners of contaminated sites to minimize health risks and remediation costs, and proactively take steps to increase the likelihood of recovering expenses from government incentives, insurers, and other liable parties.

Following law school, Ed served as a judicial law clerk to The Honorable Michael H. Dolinger, U.S.M.J., S.D.N.Y., and was a Law Fellow at the Environmental Law and Policy Center in Chicago, Illinois. Ed regularly volunteers as an election observer; his pro bono work has also included advising nonprofits on environmental due diligence related to real estate purchases and the Constitutional implications of state-law incentives for renewable energy development.

Experience

• Anbaric Development Partners. Provide governmental relations and regulatory advice to Anbaric in connection with the Bureau of Ocean Energy Management (BOEM) Pacific lease sale, the California Public Utilities Commission Integrated Energy Resource Planning, and the California Energy Commission AB 525 implementation proceedings.
• Next Millennium Realty v. Adchem Corp. Lead associate on complex CERCLA cost-recovery litigation seeking recovery of over $12 million in remediation costs, 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. Assisted in negotiation of favorable settlements in related state and federal enforcement actions.
• Florida Rock Properties, Inc. v. Jemal’s Buzzards Point, LLC. Lead associate defending against litigation seeking to recover remediation costs under common law and District of Columbia statute. Obtained partial summary judgment in favor of clients and negotiated settlement dismissing remaining claims.
• United States v. CMS Energy Corp. Senior associate responsible for expert discovery and summary judgment briefing defending against CERCLA cost-recovery litigation by the federal government against owners and developers of former limestone mine and cement processing plant. Case settled after summary judgment briefing.
• HLP Properties, Inc. v. Consolidated Edison Corp. Member of team seeking recovery of multimillion-dollar cleanup expenses relating to historic industrial operations. Responsible for depositions of technical witnesses and expert discovery.
• Performed environmental due diligence on energy sector transactions involving traditional fossil-fuel fired power plants, a proposed offshore wind farm (Cape Wind), and numerous onshore wind farms.
• Served as counsel to local governments defending challenges to land-use actions.
• Counsel in citizen suits alleging Clean Water Act, National Environmental Policy Act, and Surface Mining Control and Reclamation Act violations in the permitting and operation of coal mines in the Midwest.
• Worked with clients to respond to environmental enforcement actions, citizen suits, and compliance audits, in order to resolve issues that could lead to environmental liability.
• Extensive experience with hazardous waste sites and related litigation, including supervision of environmental consultants, compliance with state brownfield cleanup regulations and transaction trigger laws, negotiation of cost-sharing and indemnity agreements with private parties and insurers.

Publications

Blog Posts

Speaking Engagements

News

Multimedia

Community & Professional

American Bar Association, Section on Environment, Energy, and Resources

New York State Bar Association

American Constitution Society

Securing America’s Future Energy (SAFE)

Honors & Recognitions

Volunteer Making Waves Award, Chesapeake Legal Alliance, 2022

Included in Best Lawyers: Ones To Watch for Environmental Law, Land Use and Zoning Law and Litigation - Environmental, 2021-2024

Listed, The Legal 500 United States, Industry Focus - Energy - Renewable/Alternative Power, 2020-2021

SAFE Energy Security Fellow, 2018-2019