Matthew Karmel
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PRACTICE FOCUS
Matthew Karmel is passionate about sustainability and the environment and has been widely recognized for his influence and leadership in the field. As the head of the firm’s Environmental and Sustainability Law practice area, he represents a wide variety of businesses and individuals in connection with the full range of environmental matters. From Fortune 100 companies to individual homeowners, Matthew provides clients with practical and common-sense environmental counsel, including in the following areas:
- Brownfields Redevelopment and Site Remediation
- Regulatory Compliance and Land Use/Operational Permitting
- Environmental Litigation and Enforcement Defense
- Real Estate and Corporate Transactions (incl. Environmental Due Diligence and Contracting)
- Waste Management and Recycling (incl. Development, Permitting, and Compliance)
- Renewable Energy and Sustainable Development
- Sustainability and Climate Change
- Environmental Justice
In connection with the foregoing, Matthew has experience with state and federal courts and agencies, including:
- U.S. Environmental Protection Agency (USEPA)
- U.S. Army Corps of Engineers (USACE)
- New Jersey Department of Environmental Protection (NJDEP)
- New Jersey Office of Administrative Law (NJ OAL)
- New Jersey Board of Public Utilities (NJBPU)
- New York State Department of Environmental Conservation (NYSDEC)
- New York City Office of Environmental Review (NYC OER)
- American Arbitration Association (AAA)
Matthew also has specific experience with a wide range of environmental laws and regulations, including the New Jersey Spill Compensation and Control Act (Spill Act), Site Remediation Reform Act (SRRA), “Tech Regs” and “ARCCS,” Industrial Site Recovery Act (ISRA), Flood Hazard Area Control Act, Freshwater Wetlands Protection Act, Waterfront Development Act, Clean Water Act and NJPDES permits, New Jersey Solid Waste Management Act, “Recycling Rules” (N.J.A.C. 7:26A), Solid Waste Utility Regulations (N.J.A.C. 7:26H) and A-901 requirements, New Jersey Environmental Justice Law and A0 2021-25, the New York Oil Spill Law, New York Brownfield Cleanup Program (NY BCP), and NY DER-10, as well as federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA) and the Toxic Substances Control Act (TSCA).
As a sought-after thought leader on sustainability and the environment, Matthew’s presentations and writing contributions have included audiences such as Waste Dive, Waste360, BioCycle, NJBiz, Rutgers University, the Montclair State University Institute for Sustainability Studies, the Fordham University School of Law and more.
Additionally, Matthew is heavily involved in industry groups relating to sustainability and the environment. He is also a board member of the Mid-Atlantic Solar & Storage Industries Association and the NJ Composting Council.
He also aids with critical environmental causes through his pro bono legal services and encourages other lawyers to develop a climate-friendly legal practice through his newsletter, the planetary lawyer project.
REPRESENTATIVE MATTERS
- Advised on permitting and installation of food waste recycling technology at sites in New Jersey, New York, and beyond, which entailed the following areas of law: waste management and recycling, air and water pollution, renewable energy and utilities, and zoning and land use
- Assisted with permitting and development of various waste and recycling facilities and renewable energy facilities, including a $30 million mid-size on-farm anaerobic digestion/RNG facility and New Jersey’s longest-operating food waste composting facility
- Petitioned the New Jersey Board of Public Utilities successfully for a precedential extension of the completion deadline for a net-metered solar project under the Transition Incentive Program
- Managed a $40 million remediation project that entailed working with various government entities, including the New Jersey Department of Environmental Protection (NJDEP), the U.S. Environmental Protection Agency (USEPA), and the U.S. Nuclear Regulatory Commission, as a result of traditional hazardous substances, radiological materials, and emerging contaminants, and development of a solar facility on the completed remediation
- Oversaw the remediation of a contaminated, 100-acre property previously owned by a large energy company, negotiated the sale of portions of the property to third parties per agreements that allocated environmental risk and responsibilities, and obtained insurance proceeds to pay for aspects of the remediation
- Defended a regional manufacturing business against claims that the company was responsible for widespread contamination and secured a complete dismissal of the claims early in the litigation
- Reviewed environmental due diligence and identified “red flags” for numerous M&A transactions, including in connection with the purchase of one of the largest real estate portfolios in the history of the United States and the transfer of a large electric power plant
RECOGNITIONS
- 2023 NJBIZ "Forty Under Forty Honoree," recognizing New Jersey professionals under the age of 40 for their successes and leadership
- 2023 & 2022 NJBIZ “Law Power 50,” highlighting the most influential attorneys in New Jersey
- 2022 ROI-NJ "Influencers in Law - Rising Star,” highlighting the lawyers in New Jersey that have the most influence on business issues and transactions (with less than ten years in practice)
- 2022 Waste 360 “40 Under 40” list by Waste360, acknowledging impressive professionals under 40 in the waste and recycling industry
- Best Lawyers: Ones to Watch in America™ in Environmental Law since 2021 and Energy Law since 2022. The “Ones to Watch” awards are recognitions given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States
- 2022 New Jersey Super Lawyers “Rising Stars” list for Environmental Law by Thomson Reuters
- 2021 “Rising Star” Recycling Award by the New Jersey Department of Environmental Protection. The NJDEP Recycling Awards recognize the outstanding recycling achievements of municipalities, counties, businesses and industry, and individuals
PUBLICATIONS
- Trickle-Down ESG: The Impact of ESG Initiatives on Small-and-Medium-Sized Businesses, Environmental & Energy Leader, March 8, 2023
- Solar’s Legal Risks are Changing. Here’s what to watch out for, Renewable Energy World, March 6, 2023
- "‘Complicated’ recycling bill faces uphill battle",(Matthew quoted extensively NJBiz, February 27, 2023
- “Environmental justice is a growing operational factor. How are federal and state agencies defining it?,” (Matthew quoted extensively) WasteDive, Feb. 22, 2023
- “How corporate counsel can lead environmental justice efforts,” Legal Dive, Jan. 24, 2023
- “Protecting Your Compost Brand with Trademarks,” BioCycle Magazine, Jan. 23, 2023
- “FTC Review of Green Guides and Recyclable/Compostable Claims Presents Industry Opportunity," Waste 360, Dec. 22, 2022
- “Matthew Karmel of Offit Kurman Uses Law to Stimulate Positive Change in the Waste and Recycling Industry,” (Matthew interviewed), Waste 360, Oct. 20, 2022
- “How residential solar projects in New Jersey retained incentives despite regulatory missteps,” Renewable Energy World, Oct. 19, 2022
- “Offit Kurman Launches Enviro Practice With NJ-Based Attorney,” Matthew was heavily quoted in this (gated) Law360 article, Sept. 26, 2022
SPEAKING ENGAGEMENTS
- ERIS Podcast: Environmental Justice Policy Updates: What Environmental Professionals Need to Know, March 9, 2023
- “Making explicit what is implicit: understanding B Corp's legal requirement,” Presenter, Oct. 25, 2022
- “NJ Composting Council’s 2022 Organic Waste Management Summit,” Panel Moderator, Oct. 19, 2022
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