As a former prosecutor for the State of Ohio, I understand how the government evaluates environmental cases. I have spent my career helping elected officials and government agencies shape environmental policy and regulation. I have prosecuted and defended hundreds of enforcement and private party cases over the course of my career. I have managed environmental due diligence for complex M&A’s, sales of large industrial complexes, oil and gas facilities, energy providers, and large manufacturers. So whether I’m counseling a client on a transaction or compliance issue, defending an enforcement action, or pursuing cost recovery and injunctive actions, I know how to efficiently and cost effectively achieve the desired result.
As a former Ohio Assistant Attorney General in its Environmental Enforcement Section, Michael R. Blumenthal was responsible for enforcing state and federal regulations related to the Resource Conservation and Recovery Act (RCRA), Clean Water Act (CWA), and Clean Air Act (CAA).
Michael represents clients in environmental due diligence in real estate transactions, mergers and acquisitions, environmental compliance, permitting, and multimedia auditing.
Michael also has a government agency practice working with state and federal legislators and government agencies to shape environmental policy and draft environmental regulations.
Michael provides counsel in responding to Notices of Violations (NOVs) and Information Requests initiated by the Ohio Environmental Protection Agency, U.S. Department of Justice, Environmental Protection Agency, and for purported violations of CWA, CAA, RCRA, the Toxic Substances Control Act (TSCA), and the Ohio Bureau of Underground Storage Tank Regulations (BUSTR).
A seasoned trial lawyer, Michael prosecutes and defends government enforcement actions, cost recovery actions, citizen suits, common law claims, and injunctive relief claims brought under RCRA, CAA, CWA, TSCA, and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund).
Michael’s environmental compliance and permitting practice includes counseling clients throughout the United States in the areas of solid and hazardous wastes, CWA, CAA, underground storage tanks, National Pollutant Discharge Elimination System (NPDES) permits, and environmental investigation/remediation. He oversees emergency response and removal actions and develops long-term cleanup agreements with both state and federal governments to bring sites to closure or “No Further Action” (NFA) status. He counsels clients during the entire National Environmental Policy Act (NEPA) process, including defending lawsuits brought by project opponents challenging environmental impact statements and subsequent project approvals. He advises manufacturers, energy providers, and real estate developers in air, water, and hazardous waste permitting, as well as site acquisition and redevelopment of Brownfield properties including obtaining grant money and low interest loans.
Michael’s practice includes conducting multimedia environmental audits of industrial facilities throughout the country and developing and overseeing strategies for companies to return to compliance and minimize the risk of being subjected to penalties and enforcement.
Michael’s government relations practice assists clients in obtaining air, solid and hazardous waste, and CWA permits.
His energy practice includes providing counsel on energy infrastructure and renewable energy projects, including solar, wind, and electricity co-generation projects. Michael routinely works with the Federal Energy Regulatory Commission and the Public Utilities Commission Office in the siting, permitting, generation, and transmission of renewable energy projects.