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Michael K. Plumb
 

Michael K. Plumb

Member Roseland, NJ  

Michael Plumb represents clients in environmental litigation claims, regulatory and compliance counseling, and enforcement. He also represents clients building and permitting new and existing energy infrastructure.

Michael’s litigation experience covers all aspects of environmental law, representing a diverse array of clients in litigation related to environmental permitting and enforcement, and responsibility for discharges of hazardous substances, through all stages of litigation, including mediation, arbitration, trial and appeal. He routinely defends property owners and other responsible parties against NJDEP enforcement actions. He also regularly advises clients in environmental due diligence related to the purchase and sale of commercial property. If necessary, he works closely with environmental consultants and LSRPs to efficiently resolve environmental issues that arise during due diligence.


Within the energy sector, Michael helps clients navigate through the permitting and siting processes of such infrastructure projects as natural gas transmission pipelines, electricity transmission lines, combined cycle natural gas EGUs, and solar facilities.

Michael is the Chair of the Environmental Law Section of the New Jersey State Bar Association. He is also an active member of the Justice Stewart G. Pollock Environmental Inn of Court. He previously taught the “Legal Environment of Business” to graduate students as an adjunct professor at Seton Hall University’s Stillman School of Business.

Prior to attending law school, Michael worked as an environmental engineer specializing in environmental due diligence and regulatory compliance. Before joining CSG, Michael was an associate in the environmental practice group of Carter Ledyard & Milburn.

Education
  • Columbia Law School (J.D., Harlan Fiske Stone Scholar, 2008)
  • Loyola Marymount University (M.S.E. in Environmental Engineering, 2003)
  • University of Notre Dame (B.S. in Environmental Geosciences, 2000)
Admissions
  • New Jersey
  • New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Southern and Eastern Districts of New York
Environmental Litigation
  • Representing facility owner in CERCLA and Navigation Law cost recovery action arising from PCB spill.
  • Successfully litigated to dismissal Spill Act claims alleged against chain-of-title defendant by current owners. Dismissal upheld in published Appellate Division decision.
  • Represented national truck fueling station client in successfully litigating to dismissal Environmental Rights Act SRRA action alleged by business competitors.
  • Represented developers in successfully defending- appellate division challenges to NJDEP flood hazard permit approvals for multi-family housing development.
  • Represents former property owners in defending private party contribution actions and State enforcement actions relating to historic industrial contamination.
  • Represents power station in administrative appeal of permit issued for cooling water intake structures and thermal discharges.
  • Successfully settled claims against former pesticide packaging facility arising from alleged mobilization of historic contamination caused by flood events.
  • Represented property owner in successful prosecution to settlement of third-party CERCLA and Spill Act action against officer of former manufacturing tenant that contaminated property.
  • Successfully settled claims against oil company allegedly responsible for contamination at gas station.
  • Defended dry cleaning operator through trial relating to PCE contamination.
  • Represented various property owners in prosecuting and defending claims relating to contaminated fill imported to construction sites.
  • Represents property owners and responsible parties in negotiating access agreements relating to remedial investigations, including summary access proceedings.

Energy Infrastructure

  • Successfully petitioned board of public utilities for approval of a 30 mile natural gas transmission pipeline across central New Jersey, including portions of the Pinelands.
  • Represented power plant owner in successfully defending appeal of order from board of public utilities granting approval of a 22 mile natural gas transmission pipeline through the Pinelands. Currently litigating appeal of Pinelands Commission resolutions authorizing construction in the Pinelands.
  • Successfully petitioned the board of public utilities for a waiver of individual metering requirements on newly constructed luxury rental development.
  • Represents solar development company in environmental due diligence for construction of 96 acre solar facility on a closed landfill.
  • Representing client in New Jersey permitting of high voltage interstate electricity transmission project.
  • Successfully petitioned New York Public Utilities Commission pursuant to Article 7 for upgraded electricity transmission.
 
  • New Jersey Super Lawyers, Environmental (2022)
  • New Jersey Super Lawyers - Rising Stars, Environmental (2018-2019)

Award Methodology

  • New Jersey State Bar Association, Environmental Law Section, Chair
  • Justice Stewart G. Pollock Environmental Inn of Court