Profile
Ed Roggenkamp is an environmental attorney with over a decade of experience resolving complex litigation and regulatory matters. In his litigation practice, Ed uses his skills as a former professional actor and teacher to help his clients in court by crafting a compelling story for the judge or jury and explaining complex technical concepts so that they are easy to understand. His litigation practice has included challenges to environmental impact reviews for infrastructure projects under the National Environmental Policy Act (NEPA) and its state equivalents, cases seeking recovery of remediation costs under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and related state statutes and common-law torts, toxic tort claims, and enforcement actions and citizen suits under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and other environmental statutes. Ed has been lead counsel on CERCLA cases through summary judgment, and has deep experience with all aspects of discovery, including work with expert witnesses, taking and defending depositions, motion practice, and settlement negotiations.
Ed advises project developers and financing parties on siting and permitting requirements for infrastructure and energy projects, including both renewable and traditional electricity generation, and has advised a renewable industry trade association on the application of NEPA, the Endangered Species Act, and the Marine Mammal Protection Act to offshore wind development. Ed advises clients on the environmental aspects of corporate transactions and project development, such as pre-purchase environmental due diligence (Phase I/Phase II reports), indemnity provisions, representations and warranties relating to environmental matters, brownfield redevelopment, and regulatory compliance. He has advised on numerous transactions involving the energy sector, including power purchase agreements for utility-scale solar, purchases and sales of fossil-fuel-fired power plants, wind farms, and proposed offshore wind developments on the East Coast, and NEPA review and protected species mitigation measures for electric transmission lines. Ed’s extensive litigation experience helps him to advise clients on ways to reduce litigation risk during the siting and permitting phase of project development. His government service includes advising on NEPA and National Historic Preservation Act compliance for clean energy and infrastructure projects, including electric transmission lines, industrial redevelopment projects, and hydroelectric generation incentives.
Ed has worked extensively with technical and scientific experts in both litigation and development work. In the litigation context, this has focused on the remediation of real estate contaminated by historic industrial operations. He has experience with the remediation of chlorinated solvents, metals, petroleum products, and other contaminants of concern, and with the remediation of manufactured gas plants, municipal landfills, petroleum storage sites, mine tailings, and industrial sites in various sectors 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 experience in NEPA review for electric transmission lines and offshore wind farms, and has also advised on best practices for aligning the environmental impact review process with the requirements of NEPA in order to minimize litigation risk and public opposition. He has also worked alongside environmental engineers to guide the remediation of contaminated real estate, in order to help his clients seeking minimize health risks and remediation costs, avoid liability, comply with state brownfield cleanup program requirements, proactively take steps to increase the likelihood of recovering costs from insurers and other liable parties.
Ed has presented regularly on a wide variety of environmental and energy law issues, and spent several years as the primary editor of the climate change and Clean Air Act section of a legal treatise on environmental enforcement.
Prior to joining Greenberg Traurig, Ed served as an attorney-advisor for the Office of the Assistant General Counsel for Environment at the U.S. Department of Energy.
Concentrations
- Energy and infrastructure projects, including due diligence, permitting, and NEPA review
- Renewable energy and transmission
- Electrical generation facilities (power plant and transmission line permitting)
- Climate change regulation and policy
- Environmental remediation projects
- Brownfield redevelopment
- Superfund and contamination
- Environmental and toxic tort litigation
- Real estate and corporate transactions and due diligence
- Negotiations with local, state, and federal environmental regulators
Capabilities
Experience
- Provided governmental relations and regulatory advice to developer of subsea electric transmission lines regarding Bureau of Ocean Energy Management (BOEM) Pacific lease sale, California Public Utilities Commission Integrated Energy Resource Planning, and California Energy Commission AB 525 implementation proceedings.°
- Advised utility-scale solar developer on regulatory approval for stormwater control measures and compliance with institutional controls relating to groundwater contamination from neighboring Superfund site.°
- Advised renewable energy trade association on application of NEPA and federal wildlife protection laws to offshore wind development.°
- Advised local government on regulatory approval for construction of highway expansion on portion of Riverbank Army Ammunition Plant Superfund Site, negotiated with federal and state regulators and responsible party for management of construction for consistency with institutional controls and Federal Facilities Agreement.°
- Advised real estate developers and operators of industrial facilities on brownfield redevelopment, including compliance with state brownfield cleanup programs and transaction trigger laws (New Jersey Industrial Site Recovery Act and Connecticut Transfer Act), and negotiation of contract provisions relating cost-sharing and indemnity for remediation costs.°
- Represented pharmaceutical company in alternative dispute resolution and mediation proceedings seeking recovery of remediation costs under state law. Matter settled following summary judgment briefing and decisions compelling adverse party to produce documents.°
- Defended international aerospace company in litigation seeking recovery of remediation costs under the New Jersey Spill Compensation and Control Act for legacy liability allegedly relating to former subsidiary.°
- Florida Rock Properties, Inc. v. Jemal’s Buzzards Point, LLC. Lead counsel defending real estate developer against litigation seeking to recover remediation costs for legacy liability at petroleum bulk storage facility under common law and District of Columbia statute. Obtained partial summary judgment in favor of clients and negotiated settlement dismissing remaining claims.°
- Next Millennium Realty v. Adchem Corp. Lead associate on complex CERCLA cost-recovery litigation seeking recovery of over $12 million in remediation costs related to former manufacturing facility, and related case State of New York v. Next Millennium Realty arising from the New Cassel/Hicksville Groundwater Contamination Superfund Site. Responsible for every aspect of case from pleadings through discovery, summary judgment, and successful appeal. Obtained dismissal of all claims against Adchem Corporation and related family-owned corporations. Assisted in negotiation of resolution of related state and federal enforcement proceedings.°
- United States v. CMS Energy Corp. Senior associate responsible for expert discovery and summary judgment briefing defending utility against CERCLA cost-recovery litigation by federal judgment relating to former limestone mine and cement processing plant. Case settled after summary judgment briefing.°
- HLP Properties v. Consolidated Edison. Member of team seeking recovery of multimillion-dollar cleanup expenses related to historic industrial operations. Responsible for expert discovery and depositions of environmental consultants.°
- Performed environmental due diligence in energy sector transactions involving natural gas, coal, and petroleum-fired power plants, a proposed offshore wind farm, and numerous land-based wind farms.°
- Served as counsel to local governments in New York State 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.°
°The above representations were handled by Mr. Roggenkamp prior to his joining Greenberg Traurig, LLP.
- Attorney-Advisor (General) U.S. Department of Energy, Office of the Assistant General Counsel for Environment, 2024-2025
Recognition & Leadership
- Listed, The Best Lawyers in America, "Ones to Watch"
- Environmental Law, 2021-2024
- Land Use/Zoning Law, 2021-2023
- Litigation – Environmental, 2024
- Selected, Chesapeake Legal Alliance, “Top 5 Volunteers,” 2022
- Listed, The Legal 500 United States, Industry Focus – Energy – Renewable/Alternative Power, 2020-2021
- Member, American Bar Association, 2011-Present
- Section of Environment, Energy & Resources (SEER)
- Vice Chair, ABA-SEER Public Lands Committee, 2023-Present
- Section of Environment, Energy & Resources (SEER)
- SAFE Energy Security Fellow, 2018-2019
- Assistant Scoutmaster, Scouts BSA Troop 987
- Member, SAG-AFTRA, Actor’s Equity Association
Credentials
-
J.D., cum laude, Harvard University School of Law
- Article Editor, Harvard Environmental Law Review
- Semifinalist, National Environmental Law Moot Court
- B.A., Yale University
- U.S. District Court for the Southern District of New York, 2010-2011
- District of Columbia
- Connecticut
- New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. Court of Appeals for the Second Circuit
- Spanish, Conversational