Michael Mostow

Practical environmental counsel for complex regulatory, remediation and transactional matters

Michael Mostow advises commercial and industrial clients nationwide on complex environmental regulatory, remediation and transactional matters. An experienced “dirt lawyer” with extensive experience involving contaminated properties and hazardous waste, Michael guides commercial and industrial clients on business matters involving state and federal environmental laws and regulations.

Working with clients in a variety of industries — including manufacturing, steel, oil refining, solar energy, aviation and infrastructure — throughout the U.S., Michael counsels on:

• Regulatory compliance and enforcement matters involving Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Clean Water Act (CWA) and other federal and state environmental laws
• Solar energy and renewable energy permitting and environmental compliance
• Complex environmental transactions
• Environmental insurance and environmental risk transfer
• Public/private partnerships (PPP/P3) and infrastructure projects

Clients know Michael to be a skilled problem-solver, helping them understand potential threats and opportunities presented by the regulatory landscape at the federal, state and local level. Efficiently navigating the unique business and regulatory circumstances facing each client, Michael communicates legal and business options clearly, working to develop solutions tailored to the timetable and long-term business goals of his clients.

• Advising on hazardous waste management and remediation and cleaning up polluted property economically, working with federal and state mandatory and voluntary programs, including addressing chemical explosions.
• Defending clients from cleanup actions, whether arising under CERCLA, RCRA, CWA or state law.
• Advising solar energy developers and owners regarding federal, state and municipal regulation of threatened and endangered species, migratory birds, wetlands and historic preservation.
• Helping clients comply with RCRA generator, transporter, treatment, storage and disposal regulations, as well as RCRA closure and corrective action.
• Negotiating CERCLA consent decree and administrative order terms and advising clients on compliance.
• Negotiating environmental terms in asset purchases, sales and leases, including real estate, M&A and other deals across the U.S.
• Negotiating pre-existing and new conditions environmental insurance policies for sites across the U.S.
• Advising on public/private partnerships (PPP/P3), focusing primarily on drafting, permitting and insurance for infrastructure projects.

• Served as common counsel to CERCLA PRP groups at Superfund sites.
• Assisted in the environmental diligence and permitting of thousands of acres of community- and utility-scale solar developments.
• Advise jet fuel consortiums at airports around the country regarding environmental permitting, remediation and insurance.
• Represented national manufacturer at Superfund sites across the country.
• Obtained RCRA notice of completion for corrective action requirements at a steel mill as a precursor to the sale of the facility and negotiated the environmental terms of the sale.
• Represented client in purchase and redevelopment of former oil refinery and RCRA treatment, storage, and disposal facility.
• Negotiated and drafted all agreements for total risk transfer to environmental contractor and insurance company of CERCLA liabilities.
• Negotiated transfer of federal-lead properties subject to CERCLA administrative orders to state voluntary program.
• Served as trustee of trust responsible for remediation of CERCLA Superfund site.
• Represented manufacturer in Great Lakes Legacy Act mediation regarding the remediation of river sediments.