Environmental Issues

We have the experience to shepherd clients successfully through a wide range of environmental matters, leveraging our extensive knowledge of the state and federal laws regulating environmental site assessment, remediation and cleanup, as well as the development of contaminated or environmentally sensitive properties.

We also work with clients whose business activities directly impact the environment, including gasoline service stations, automotive dealerships, dry cleaners, composting and recycling facilities and transfer stations.

We assist in a variety of areas, including the acquisition of water and air pollution control permits, the management of solid and hazardous waste, compliance with worker and community right-to-know laws and Occupational Safety and Health Act (OSHA) matters.

We routinely represent clients who are selling, buying, leasing or financing real property, advising them on how to avoid or minimize liability under environmental laws. We also coordinate due diligence and environmental site assessments, and assist clients with the purchase of environmental liability insurance.

When necessary, we are adept at finding creative ways to close transactions involving contaminated properties.

Environmental cleanups must be performed according to the guidelines in certain state and federal laws, including the New Jersey Spill Act and the Industrial Site Recovery Act, the federal Superfund law and various underground storage tank laws. We assist clients in adhering to these regulations, and in helping them to recover, or avoid spending, significant remediation costs. We also investigate the availability of insurance funds and pursue payment from insurance companies on our clients’ behalf. 

We assist our clients in the development of contaminated commercial, industrial and residential properties, obtaining funding, tax incentives and other benefits under the Brownfields Law and other federal and state programs.

We also help clients obtain permits to responsibly develop in or near environmentally sensitive areas, including freshwater and coastal wetlands, waterfront or coastal areas, streams, flood plains and areas subject to riparian claims by the state.

We represent clients involved in disputes over cleanup of environmental contamination. With our command of the regulatory process and other issues, we are able to resolve many cases without the need for litigation. For those times where litigation cannot be avoided, we have considerable experience applying effective strategies to prosecute and defend against environmental claims, including defending clients against penalties assessed by governmental agencies.