Matthew D. Thurlow

Partner

Matthew D. Thurlow represents clients in state and federal courts across the country, including in multidistrict litigation, in matters involving civil enforcement and private party lawsuits brought under the Clean Air Act, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Clean Water Act, Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and Toxic Substances Control Act. Drawing on his deep understanding of per- and polyfluoroalkyl substances (PFAS), ethylene oxide, and other emerging contaminant issues in product liability, environmental, and personal injury cases, Matt advises companies on their regulatory compliance and reporting obligations under federal and state laws related to PFAS in consumer products.

Matt frequently represents major oil and gas companies, chemical and product manufacturers, retailers, and financial services companies. In addition to his litigation practice, Matt assists companies with advertising, marketing, labeling, and compliance issues concerning the regulation of pesticides and pesticide devices under FIFRA and consumer products under Proposition 65.

Matt previously served in the Environmental Enforcement Section of the US Department of Justice. During that time, he acted as lead counsel on a variety of civil enforcement matters, including a major Clean Water Act case, several Superfund cases, and Clean Air Act matters involving power plants and oil refineries.

He is a frequent writer, commentator, and speaker for bar associations, industry publications, environmental institutes, and private CLE programs. Prior to joining Morgan Lewis, Matt served as co-chair of another firm’s environmental team.

Lead counsel for product registrant in a putative class action case in Puerto Rico brought by plaintiffs alleging personal injury and property damage from alleged emissions of ethylene oxide (ETO) from medical sterilization facilities
Lead counsel for product manufacturer in firefighting aqueous film-forming foam PFAS multidistrict litigation in District of South Carolina and state courts
Lead counsel defending bandage retailers in class action cases alleging fraud, misrepresentation, and other consumer protection and false advertising claims involving allegations of PFAS in bandages
Advises product manufacturers, retailers, and chemical manufacturers on state and federal PFAS regulations
Lead counsel on personal injury matters involving alleged emissions of ethylene oxide from sterilization facility
Defends companies and negotiates settlements in environmental enforcement cases brought by US Environmental Protection Agency (EPA) and US Department of Justice (DOJ)
Advises chemical and consumer product companies regarding FIFRA compliance obligations
Represented major oil refinery in high-profile matter involving Clean Air Act and other environmental compliance matters following EPA’s issuance of an emergency Section 303 order
Defended and obtained partial summary judgment for major oil company in federal court litigation relating to legacy ownership of fuel terminal
Lead counsel for major paint manufacturer in enforcement litigation brought by the South Coast Air Quality Management District alleging sale and distribution of coatings exceeding limits on concentrations of volatile organic compounds
Represented major global aluminum manufacturer in CERCLA cost recovery and breach of contract dispute relating to former ownership of production facility; briefed, argued, and defeated motions for summary judgment on CERCLA issues in federal district court
Obtained summary judgment for metal manufacturer in groundwater contamination dispute in federal district court; briefed and argued summary judgment motion on CERCLA and RCRA claims
Served as lead counsel for a Fortune 50 company in several statewide methyl tertiary-butyl ether litigations
Negotiated numerous consent decree settlements with the EPA and DOJ involving power plants, industrial manufacturers, and oil refineries
Advises companies in oil and gas, electrical generation, and industrial manufacturing regarding Clean Air Act, Prop 65, CERCLA, RCRA, and Clean Water Act regulatory compliance
Performs due diligence and advises banks and hedge funds regarding significant potential environmental liabilities
Significant litigation experience against the EPA, DOJ, and citizens groups in enforcement cases

Yale Law School, 2005, J.D., editor, Yale Law Journal; editor in chief, Yale Journal of Law & the Humanities
University of California, Berkeley, 2002, B.A., highest distinction

District of Columbia
California
US Court of Appeals for the Second Circuit
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Eleventh Circuit
US District Court for the District of Columbia
US District Court for the Northern District of Illinois
US District Court for the Eastern District of Michigan
US District Court for the Western District of Michigan
US District Court for the Western District of Tennessee

Clerkship to Judge Jerome Farris of the US Court of Appeals for the Ninth Circuit (2005 - 2006)

Recognized, Washington, DC: Litigation – Environmental, The Best Lawyers in America (2025)

Recognized, Stand-Out Lawyer, Thomson Reuters (2024)

Ranked, Environment – District of Columbia, Chambers USA (2022–2024)

Former vice chair, American Bar Association Section of the Environment, Energy and Resources

Former vice Chair, American Bar Association Enforcement and Litigation Committee

Member, District of Columbia Bar

Member, Board of Directors, UC Berkeley Library System

Member, Charter Hill Society, UC Berkeley

Member, Washington, DC Advisory Committee for Kids in Need of Defense