As a former prosecutor for the State of Ohio, I understand how the government evaluates environmental cases. I have prosecuted and defended hundreds of enforcement and private party cases and have spent my career helping elected officials and government agencies shape environmental policy and regulation. 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.
Michael Blumenthal is a nationally known thought leader in the emerging area of Per- and polyfluoroalkyl substances (PFAS) regulatory compliance and liability claims related to PFAS exposure. He represents manufacturers in class actions, mass torts, and individual claims for alleged exposure to PFAS. Michael has participated in panel discussions throughout the country, has been extensively published, and has been interviewed by major media outlets to opine on this fast-paced developing area. He also advises many trade associations in submitting comments to proposed rules and challenging rules under failure to comply with the Administrative Procedure Act (APA).
Michael actively represents developers in Brownfield redevelopment. He provides comprehensive legal services to transform contaminated properties into valuable assets. His experience includes navigating complex environmental regulations, securing funding, and facilitating successful redevelopment projects that benefit both the community and the environment.
Michael defends industry in responding to Notices of Violations (NOVs) and Information Requests initiated by state and federal for alleged violations under the the Toxic Substances Control Act (TSCA), Resource Conservation Recovery Act (RCRA), Clean Air Act (CAA), Safe Drinking Water Act (SDWA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund).
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 TSCA and CERCLA as well as the CAA, RCRA, and Clean Water Act (CWA).
Within his government agency practice, Michael works with state and federal regulators and government agencies to bring sites to closure or “No Further Action” (NFA) status. He oversees emergency response and removal actions and develops long-term cleanup agreements.
Michael 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 environmentally distressed properties including obtaining grant money and low-interest loans.