Philip Karmel’s litigation practice includes environmental and real estate litigation; land use matters arising under environmental review statutes and zoning laws; and the defense of toxic tort actions.  He has tried many cases in federal and state courts and before administrative law judges and arbitrators.  His pre-trial and post-trial litigation experience includes taking or defending more than 150 depositions and briefing or arguing motions or appeals in California, Colorado, Hawaii, Maryland, Montana, New York, Pennsylvania, Texas, Virginia, Washington, D.C., West Virginia and Wisconsin.

Mr. Karmel also counsels clients on environmental matters, including issues arising under the Clean Air Act, brownfields redevelopments, the environmental aspects of corporate and real estate transactions, insurance coverage, environmental impact review and environmental permitting.

Publications

• “Environmental and Toxic Tort Litigation,” a chapter in Commercial Litigation in New York State Courts (West Publishing Co. 2d Ed. 2005 and annual supplements)*
• “The State Environmental Quality Review Act,” a chapter in Environmental Law and Regulation in New York (West Publishing Co. 1996 & annual supplements) (with J. Kevin Healy)*
• “Air Report on USEPA Region II,” for the quarterly newsletter published by the Air Quality Committee of the ABA’s Section of Environment, Energy and Resources, 2000
• “Exploring New Rules for Natural Resource Damage Assessments,” New York Law Journal, March 24, 2009
• “Property Damages, ‘Bright Line Accrual Rule,’ Multiple Injuries,” New York Law Journal, January 7, 2009
• “Public Nuisance as a Product Liability Tort,” New York Law Journal, December 1, 2008
• “Mitigation of Environmental Impacts under SEQRA,” Environmental Law in New York, vol. 19, no. 2, pp. 21-26, February 2008 (with L. Margaret Barry)
• “Vapor Intrusion: Indoor Pollution and Human Exposure,” New York Law Journal, July 10, 2008
• “The Threshold Limit Values Controversy,” New York Law Journal, Jan. 3, 2008
• “The New European Chemicals Law,” New York Law Journal, Aug. 6, 2007
• “Punitive Damages and Harm to Nonparties,” New York Law Journal, March 27, 2007
• “Fluid Recovery in Class Action Litigation,” New York Law Journal, Dec. 26, 2006*
• “Public Nuisance Claims in Product Liability Cases,” New York Law Journal, Sept. 28, 2006*
• “Litigating No-Threshold Cancer Effects,” New York Law Journal, Aug. 22, 2006*
• “Fryeing the Defendant in Cancer-Cluster Litigation,” New York Law Journal, June 29, 2006*
• “Public Official Liability for Catastrophic Events,” New York Law Journal, March 23, 2006*
• “Disclosure on Trial: ‘Substantial Risk’ Reporting Requirements,” New York Law Journal, Dec. 30, 2005*
• “Cleaning Up New York Brownfields and Other Contaminated Sites After ‘Cooper Industries v. Aviall,’” Environmental Law in New York, vol. 17, no. 1, pp. 1-8, Jan. 2006 (with Laurence Horvath)
• “Court’s Deferred Docket Order for Asbestos Claims,” New York Law Journal (Sept. 27, 2005)*
• “Consumer Protection Law Claims in Toxic Torts Litigation,” New York Law Journal, (Aug. 23, 2005)*
• “Preemption After ‘Bates v. Dow Agrosciences,’” New York Law Journal, June 28, 2005*
• “Director and Officer Liability for Toxic Torts,” New York Law Journal, March 22, 2005*
• “Pre-Packaged Asbestos Bankruptcy Up in Smoke in Third Circuit?” New York Law Journal,
  Dec. 28, 2004*
• “Toxicogenomics: A New Tool for Plaintiffs and Defendants,” New York Law Journal, Sept. 28, 2004*
• “Toxicogenomics: A New Science Emerges,” New York Law Journal, Aug. 31, 2004*
• “Making a Federal Case Out of Toxic Torts,” New York Law Journal, June 22, 2004*
• “Fraud on the Fetus: A New Cause of Action Emerges,” New York Law Journal, March 23, 2004*
• “Trespass as a Toxic Tort,” New York Law Journal, Dec. 23, 2003*
• “The Agent Orange Case and Finality of Judgments in Class Actions,” New York Law Journal, September 10, 2003*
• “Asbestos Litigation: Is a Legislative Solution Finally in the Offing?” New York Law Journal, June 24, 2003*
• “Differential Diagnosis and Proof of Toxic Injury,” New York Law Journal, March 31, 2003*
• “New Techniques to Assess Risk,” New York Law Journal, Dec. 18, 2000
• “Achieving Radical Reductions in Cleanup Costs, New Solutions to Environmental Problems in Business & Real Estate Deals,” PLI 2000, 2001, 2002, 2003 and 2004
• “PM2.5: Federal and New York Regulation of Fine Particulate Air Pollution,” Environmental Law in New York, vol. 13, no. 7, pp. 115-24, July 2002
• “PM2.5: Federal and California Regulation of Fine Particulate Air Pollution,” California Environmental Law Reporter, vol. 2002, no. 8, pp. 226-37, Aug. 2002 (with Thomas N. Fitzgibbon)
• “Lead Paint Liability Is on the Rise: Owners and Others Should Review Their Management Practices,” New York Law Journal, June 17, 2002
• Principal author – “Comments on the Final Report of the Governor’s Superfund Working Group,” Association of the Bar of the City of New York, 1999
• Principal author – “Letter to ABA Regarding Proposed Brownfields Resolution,” Association of the Bar of the City of New York, 1999
• “Tax Assessment of Contaminated Properties,” Real Estate Weekly, Feb. 18, 1998
• “Natural Resource Damages to the Hudson River,” New York Law Journal, Sept. 11, 1997
• “High Court Misses Boat on Navigation Law,” 9 N.Y. Business Environment no. 3, 1996
• “Injunctions Pending Arbitration,” 54 U. Chi. L. Rev. 1373, 1987

* Book chapters and articles co-authored with Peter R. Paden

Speaking Engagements

• Chair – “The Environmental Impact Review of Energy Facilities under NEPA and Its State-Law Counterparts," Infocast Webinar, Aug. 11, 2010; presentation, “Addressing the Risk of Accidents and Terrorism and the Alternatives Analysis”

• Co-Chair – “Environmental Regulation and Commercial Implications 2010: How the New Administration, Congress and the Courts Have Changed the Rules," a program sponsored by the Practising Law Institute, 2010; presentation – “Climate Change Regulatory Developments 2010"

• "The Breadth and Depth of SEQRA," Lorman Seminar, 2008

• "SEQRA Mitigation Measures," Lorman program, 2007, 2008, 2009

• "Environmental Issues in the Financing of Power Projects," Infocus program, 2007, 2008, 2009, 2010

• "Environmental Due Diligence and Environmental Insurance Issues for the Sophisticated Real Estate Practice," Practising Law Institute program, 2005, 2006, 2007,  2008 and 2009

• Co-Chair – New Solutions to Environmental Problems in Business and Real Estate Deals, an annual program sponsored by the Practising Law Institute, 2000-2004; presentation – "Achieving Radical Reductions in Cleanup Costs"

• "SEC Disclosure Requirements for Environmental Liabilities and the Impact of the Sarbanes-Oxley Act," NYS Bar Association program, 2003

• "Tort Litigation Arising from Groundwater Contamination," NYS Bar Association program, 2000

Professional Affiliations

• American Bar Association – Editor (2009-present) and Region 2 Reporter (2000-present) of SEER’s Air Quality Committee Newsletter
• Association of the Bar of the City of New York – Committee on Environmental Law & Chair, Superfund Subcommittee, 1998-2001
• New York State Bar Association
• Transportation Research Board
• American Chemical Society
• Air & Waste Management Association
• Environmental Law Institute
• Society for Risk Analysis

Civic Involvement and Distinctions

• Listed in the 2005, 2006, 2007, 2008, 2009 and 2010 editions of Chambers USA: America’s Leading Lawyers for Business
• Practical Law Company, Recommended Attorney, The Law and Leading Lawyers Worldwide – Environment (2009/10)
• MFY Legal Services, Inc. Scale of Justice Award for Pro Bono Work, 2005
• U.S. Department of Justice, Washington, D.C. – Trial Attorney, Environmental Enforcement Section, 1989-94
• U.S. Department of Justice Special Achievement Award for Sustained Superior Performance of Duty
• Law Clerk to the Hon. Edward R. Becker, U.S. Circuit Judge, U.S. Court of Appeals for the Third Circuit, 1988-89
• Village of Hastings-on-Hudson Local Waterfront Revitalization Plan Steering Committee, 1997-2010 (Chair, 2002-2010)
• University of Chicago Law Review – Comments Editor, 1987-88
• Greenburgh Hebrew Center – Trustee (2006-present), Vice President (2006-2010)
• U.S. Environmental Protection Agency, Bronze Medal for Commendable Service