Michael Lukens is a senior associate in the Environmental practice of Paul Hastings and is based in the firm’s Washington, D.C. office.
Mr. Lukens advises clients in all aspects of environmental law, with a particular emphasis on regulatory counseling and advising clients on the environmental aspects of business transactions.
His representation includes (i) assisting lenders, private equity companies, and strategic buyers in identifying, quantifying, and apportioning environmental liabilities that arise in business and real estate transactions, (ii) helping clients comply with state and federal rules regarding air emissions, water discharges, waste management, and contaminated properties, and (iii) overseeing remediations.
He received his J.D., magna cum laude, from Hofstra University in 2005, where he was a member of the Hofstra Labor and Employment Law Journal. He received his B.S. from Moravian College in Bethlehem, Pennsylvania in 2000.
In his practice, Mr. Lukens has:
- Counseled clients on all aspects of business transactions, from diligence to contractual protections to post-closing regulatory obligations. This has included transactions for financial clients, private equity companies, strategic buyers, and large-scale land developers, in a multitude of industries, including:
- Assisting with the environmental end of a several-billion dollar acquisition of an American commercial agricultural company by a Chinese client;
- Aiding a land-development client with multiple, large mixed-use developments, including providing counseling on protected species, wetlands, and environmental impact review issues;
- Overseeing the financing and development of multiple wind-energy projects, including shepherding projects through state and federal environmental assessment regimes;
- Preparing a diligence plan and contractual indemnities for a US-based rental car company's acquisition of two companies in Spain and France;
- Representing a large investment bank in connection with the investment in a multiple-site industrial manufacturer of pet foods; and
- Leading the environmental team on a solid waste client's acquisition of multiple landfills, transfer stations, and hauling assets.
- Assisted an automaker with implementation of a $20 million Supplemental Environmental Project, including working with government officials, consultants and grant recipients on contractual and regulatory obligations;
- Provided legal oversight of a remedial and compliance program for a nationwide petroleum storage program under a host of state regulatory schemes, including developing updated EHS manuals for use by field personnel and taking the lead legal role in over 20 petroleum cleanups in several states;
- Assisted a chemical trading company in preparing record retention policies to ensure compliance with federal and state regulations;
- Represented a solid waste client in negotiations with the New York City Business Integrity Commission regarding alleged violations of New York City solid waste regulations;
- Assisted a detergent manufacturer in securing EPA approval of labeling and process-specs under the Federal Insecticide, Fungicide, and Rodenticide Act;
- Aided clients in developing a cross-border security plan for the importation of solid waste; and
- Provided telecommunication client with standardized practices for the placing of communication towers and antennas in compliance with the National Environmental Policy Act, the National Historic Preservation Act, and the California Environmental Quality Act.
Speaking Engagements and Publications
- Clean Land: Hazardous Waste and Sites, Environmental Law Institute Summer School Series (July 2012; June 2013)
- HSE Managers Merger and Acquisition Survival Toolkit; Industrial Hygiene Association (February 2007)