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Michael D. Lichtenstein

Partner
Chair, Environmental Law & Litigation

New York / New Jersey
T: +1 973.597.2408 F: +1 973.597.2409 mlichtenstein@lowenstein.com
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Michael Lichtenstein brings more than 30 years of experience to his environmental, insurance recovery, and commercial litigation practice. He has tried numerous cases in state and federal courts (both jury and non-jury) around the country and is comfortable in any trial setting. Michael also consistently achieves outstanding results without the rancor often associated with "big case" litigation.

Michael focuses on the defense of cost recovery and toxic tort claims, and he has obtained complete defense verdicts against both government and private parties.  In addition, he routinely advises clients in environmental investigation and remediation matters, as well as liability avoidance in transactions. In recent years, Michael and his team have spent considerable time advising clients on GHG and ESG initiatives and pending compliance and disclosure obligations.

As a past chair of the Insurance Recovery Group (IRG), Michael also represents insurance policyholders in disputes against insurers related to environmental and other liabilities. He and his team have recovered over $1 billion for insurance policyholders and have never represented an insurance carrier in a coverage matter.

  • Represents a national apparel company in defense of a putative class of plaintiffs seeking compensation for diminished property value due to alleged vapor intrusion caused by releases of hazardous substances.  Reached a proposed settlement pending approval from the federal district court. 
  • Represents a national apparel company and advises on the legal, technical, and regulatory issues associated with the remediation of a Superfund Site in Ohio involving chlorinated volatile organic compound groundwater plume.
  • Represents several parties in a sprawling litigation arising out of numerous disputes over the apportionment of CERCLA responsibility for the cleanup of a Superfund Site in New Jersey’s Lower Passaic River and greater Newark Bay Complex.
  • Represents a developer in a dispute with the entity responsible for groundwater contamination existing below client’s historically industrial real property, litigating a dispute over access to the property and the appeal, as well as liaising with New Jersey Department of Environmental Protection officials on potential resolutions.  
  • Represents and advises a multi-national chemical company on the implementation of the United States Environmental Protection Agency’s remedial design for a Superfund Site in Texas.
  • Represents a state agency seeking millions of dollars in insurance coverage under a pollution legal liability insurance policy for costs associated with pollution at a landfill. The matter is being settled on favorable terms for the state.
  • Represents a national chemical company in defense of a claim by a former adjoining property owner that our client is responsible for sediment contamination in a New Jersey water body.
  • Represents an integrated real estate firm that owns a property from which historical releases of hazardous substances have occurred in the defense of a CERCLA cost recovery action.
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No aspect of these advertisements has been approved by the highest court of any state.

Education

  • University of Pennsylvania Law School (J.D. 1991), cum laude

    Brandeis University (B.A. 1988), magna cum laude

Admissions

  • New York
  • New Jersey
  • Connecticut

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Low Irg In The Know 20220311 Mp 832X496 2X
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