David L. Isabel concentrates his practice in environmental law and litigation. David represents private and public clients in a variety of environmental, insurance and construction-related matters before regulators, trial and appellate courts in New Jersey and other jurisdictions. He also counsels his clients on environmental compliance, due diligence, redevelopment and transactional issues.
David negotiates administrative consent orders, consent decrees, master services agreements, contracts, subcontracts, access agreements, deed notices, restrictive covenants, permits, permit transfers and approvals required to perform the remedial investigation, design and actions required at contaminated sites. He also negotiates Pollution Legal Liability and other environmental insurance policies for clients involved in transactions of contaminated properties.
Representative matters include:
- Assisting client with due diligence, pollution legal liability insurance negotiations and post-acquisition environmental compliance related to the acquisition through a deed in lieu of foreclosure of a warehouse facility located in Kearny, NJ.
- Assisting client with due diligence, post-acquisition environmental compliance and cost-recovery related to the acquisition out of bankruptcy of a former chemical plant located in Newark, NJ.
- Assisting client with due diligence, contract negotiations, post-acquisition environmental compliance, and insurance negotiations related to the acquisition of a repurposed landfill in Newark, NJ.
- Serving as lead counsel in regulatory and ADR proceedings related to the Lower Duwamish Waterway Superfund Site in Seattle, where the estimated costs of investigation and remediation exceed $500 million.
- Serving as coordinating counsel on behalf of private client managing certain environmental investigation and remediation obligations at a number of former manufactured gas plant sites in Florida.
- Serving as Special Environmental Counsel to the City of Newark for regulatory matters and litigation related to the Passaic River Superfund Site, where the estimated costs of investigation and remediation exceed $1 billion.
- Defending $160 million claim related to failed development project during a 6-week trial in Miami.
- Negotiating and implementing an air monitoring and medical monitoring program for employees of a municipal authority located adjacent to a contaminated site where approximately 1 million tons of hazardous materials were excavated pursuant to a court ordered remediation plan.
- Obtaining a judgment in excess of $10 million against certain insurance companies that denied environmental insurance coverage to a private client for costs incurred defending, investigating and remediating two Superfund sites after a three-week bench trial in New Jersey Superior Court.
- Obtaining and enforcing a judgment in excess of $8 million against an insurance carrier that had denied environmental insurance coverage to a private client after allocation proceedings before a Special Master.
- Negotiating nearly $5 million in pre-litigation settlements with certain insurance companies that issued policies between 1951 and 1985 to a private client for costs of defense, investigation and remediation incurred at former manufactured gas plant sites.
- Pace University School of Law, J.D.
- Bucknell University, B.A.
- American Bar Association
- New Jersey State Bar Association
- Essex County Bar Association
- New Jersey Super Lawyer ® since 2010 for Environmental Litigation