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 relation to the environment and the circular economy.
As the head of the firm’s Environmental and Sustainability Law practice area, Mr. Karmel represents a wide variety of businesses and individuals in connection with the full range of environmental matters. From Fortune 100 companies to individual homeowners, Mr. Karmel 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, Mr. Karmel 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)
Mr. Karmel 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). Mr. Karmel is a sought-after thought-leader on issues related to sustainability and the environment. He has presented and/or written for Waste Dive, Waste360, BioCycle, NJBiz, Rutgers University, the Montclair State University Institute for Sustainability Studies, the Fordham University School of Law, and more. 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 dollar remediation project that entailed working with various government entities, including New Jersey Department of Environmental Protection (NJDEP), United States Environmental Protection Agency (USEPA), and United States 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, and negotiated the sale of portions of the property to third parties in accordance with 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 business 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
POINTS OF DISTINCTION
- 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 the field of 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.
RECENT PUBLICATIONS & MEDIA
- 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",(Mr. Karmel was quoted extensively) NJBiz, February 27, 2023
- "Environmental justice is a growing operational factor. How are federal and state agencies defining it?", (Mr. Karmel quoted extensively) WasteDive, February 22, 2023
- How corporate counsel can lead environmental justice efforts, Legal Dive, January 24, 2023
- Protecting Your Compost Brand With Trademarks, BioCycle Magazine, January 23, 2023
- "FTC Review of Green Guides and Recyclable/Compostable Claims Presents Industry Opportunity", Waste 360, December 22, 2022
- "Matthew Karmel of Offit Kurman Uses Law to Stimulate Positive Change in the Waste and Recycling Industry", (Mr. Karmel interviewed), Waste 360, October 20, 2022
- "How residential solar projects in New Jersey retained incentives despite regulatory missteps", Renewable Energy World, October 19, 2022
- "Offit Kurman Launches Enviro Practice With NJ-Based Attorney", Mr. Karmel was heavily quoted in this (gated) Law360 article, September 26, 2022
RECENT PRESENTATIONS & 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, October 25, 2022
- NJ Composting Council’s 2022 Organic Waste Management Summit, Panel Moderator, October 19, 2022
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