Add a bookmark to get started

Michael Nagelberg

Michael Nagelberg

Associate
About

Mike Nagelberg's diverse environmental practice involves advising clients from numerous industries in complex litigation, enforcement, incident response, investigations, administrative rulemaking challenges, and regulatory compliance matters.

He assists with navigating through cutting edge, highly technical, and often unprecedented environmental issues that arise under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Clean Air Act, the Clean Water Act, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), the Emergency Planning and Community Right-to-Know Act (EPCRA), the Endangered Species Act, the Administrative Procedure Act, and state and local environmental laws, with a holistic focus on both successful case resolution and preserving his clients' reputational and business interests. His cross-practice environmental capabilities further extend to assisting clients with environmental due diligence and litigation risk analysis for corporate and real estate transactions.

Mike is an active member of the Firm's per- and polyfluoroalkyl substances (PFAS) Task Force and regularly counsels clients on highly impactful, first-of-their-kind PFAS regulatory, enforcement, and litigation matters. 

Mike has experience in both state and federal courts. As a passionate advocate with a deep interest in the ever-evolving environmental legal landscape, Mike prides himself on developing innovative strategies and solutions for achieving his clients' goals.

Bar admissionsDistrict of ColumbiaNew York
CourtsUnited States District Court for the Southern District of New YorkUnited States District Court for the Northern District of Illinois

EXPERIENCE

  • Represents global tire company in first-of-its-kind Endangered Species Act litigation against the tire industry regarding the use of an anti-degradation chemical, 6PPD, in tires
  • Represents numerous manufacturers and retailers in connection with TSCA section 8(a)(7) PFAS reporting compliance
  • Advises numerous manufacturers and retailers on state restrictions of PFAS in products, including corresponding supplier outreach, supply chain certification, and broader supply chain PFAS risk assessments
  • Serves as primary environmental counsel for a global data center, successfully resolving numerous state regulator inquiries and enforcement actions and advising on proactive regulatory compliance and air permitting strategy
  • Represents global defense company in challenge to California Regional Water Board's cleanup order, including the Board's attempted novel expansion of applicable contaminant background levels and use of Sediment Quality Objectives
  • Advises large trade association on several environmental compliance and enforcement defense matters involving the regulation of mission chemicals under RCRA and FIFRA
  • Represented global chemical company in negotiating first-of-its-kind industrial discharger state PFAS consent order
  • Represented global textile company in successful administrative challenge to a Washington State Department of Ecology PFAS information demand under the Washington Safer Products Program
  • Represented nationwide battery recycling company in CERCLA investigation and enforcement defense involving a battery recycling facility fire and removal action
  • Represented the sugarbeet industry in litigation regarding the deregulation of genetically modified sugarbeets
  • Represented major oil refinery in Clean Air Act enforcement defense and regulatory compliance matters arising from the Environmental Protection Agency's (EPA) issuance of an emergency Section 303 order
  • Represented US battery company in successfully obtaining approval to abandon a contaminated site under the Bankruptcy Code despite objection by California Department of Toxic Substances Control (DTSC)
     
Education
  • J.D., Georgetown University
  • B.A., University of Rochester
    magna cum laude

Pro Bono

  • Successfully secured payments under the Combat-Related Special Compensation program for a disabled veteran
  • Represented Orthodox Jewish association in a series of successful civil rights cases brought against New Jersey municipalities regarding the creation and expansion of an eruv
  • Represented a Jewish Congregation in securing one of the largest recoveries under the Religious Land Use and Institutionalized Persons Act relating to a township's attempt to prevent the Congregation from building a synagogue
     

Seminars

Connect