McManimon, Scotland & Baumann, LLC’s Environmental Law Group has the multi-disciplinary knowledge, experience, and wisdom to help clients see and understand the environmental law “forest” and to navigate a clear path through the trees to a reliable regulatory outcome.
We represent public entities and private corporate clients alike in all aspects of environmental law. Our attorneys have decades of experience developing strategies to address a wide variety of environmental regulatory and transactional issues. We have also litigated many environmental actions in both the Federal and State courts throughout the United States. Some recent examples of our work in the field of environmental law include:
- Redevelopment: Our Environmental Law Group is an integral part that works with the firm’s attorneys in other practice areas related to redevelopment including: bond financing; tax; public utility and energy; school district financing; litigation; and land use. We work closely with the firm’s redevelopment attorneys in the designation of areas in need of redevelopment (N.J.S.A. 40A:12A-6) or areas in need of rehabilitation (N.J.S.A. 40A:12A-14), assistance in the drafting of redevelopment plans, the negotiation of redeveloper agreements, as well as the structuring and financing of redevelopment projects by procuring public grants and loans. Further, our expertise includes undertaking proceedings to acquire contaminated property for redevelopment through the exercise of eminent domain and properly off-setting the costs of acquisition due to that contamination. We also counsel municipalities, redevelopment agencies and other public entities with respect to the remediation of contaminated properties whether conducted by the public entity or the designated redevelopers.
- Property Acquisition: We have advised clients such as manufacturers, lending institutions, developers, and small businesses on the terms and conditions of the acquisition or sale of real property in order to minimize potential environmental liabilities. This advice has included: negotiating environmental provisions of purchase and sales agreements, loans, or leases; handling and coordinating all aspects of environmental due diligence, site assessment, and risk mitigation; and assisting in securing financing and environmental insurance for environmentally impaired projects and sales or purchases of contaminated properties.
- ISRA: We have guided clients through the requirements of the Industrial Site Recovery Act for the assessment, investigation, and, if necessary, remediation of industrial establishments.
- Public Funding Applications: We have assisted our clients in securing public funding for the remediation of contaminated properties.
- Regulatory Compliance: Our attorneys have vast experience in assisting governments, redevelopment agencies, public utilities comply with federal and state environmental laws and regulations, including acting as environmental counsel for some of the largest municipal water and sewer utilities in the nation. We have advised private clients on a wide variety of compliance issues, including the complex regulatory obligations arising in connection with Day Care Center Licensing, ISRA, the New Jersey Spill Act, the Site Remediation Reform Act (“SRRA”), UST laws, and the Resource Conservation and Recovery Act (“RCRA”).
- Permits: We have counseled clients in obtaining or modifying environmental permits for business operations and development activities.
- Administrative Appeals: We have handled appeals from administrative agency actions, including permit reviews and notices of violations.
- Administrative Enforcement: We have defended clients in enforcement proceedings and negotiated the resolution of penalty assessments.
- Cost Recovery Claims and Defense: We have represented clients in litigation to recoup from potentially responsible parties the costs of investigating and remediating contaminated properties. We have also defended and negotiated the resolution of claims asserted by government and private parties for the costs of investigating and remediating contaminated properties.
- Environmental Insurance Recovery: We have represented policyholders against their insurers under comprehensive general liability, cost-cap, and pollution legal liability policies, to recoup costs incurred in defending, investigating, remediating, and settling potential liabilities at contaminated properties.
- Environmental Litigation: Our attorneys have served as trial and appellate counsel in a number of complex environmental litigation matters in New Jersey and other States. We have been involved in all phases of administrative and litigated representation under nearly every major Federal and New Jersey State environmental statute and regulatory program, including the successful resolution of CERCLA liabilities, landowner disputes over a wide variety of environmental liabilities, cost recovery actions against insurers and other potentially responsible parties, and challenges to NJDEP enforcement cases.
- Natural Resource Damages: We have negotiated the resolution of Natural Resource Damages (“NRD”) claims made by the State of New Jersey and on behalf of the United States.
- Solid Waste: We have counseled solid waste facilities and public authorities regarding regulatory requirements for the collection, transfer, and disposal of solid waste, as well as recycling. We have also represented solid waste facilities in enforcement actions, and advised public authorities under Local Public Contracts Law.
Contact Us: Please contact David L. Isabel at 973-622-1800 for more information about our Environmental Law services.