Environmental Law

Environmental counseling is critical for most clients. Because of our experience with environmental laws and programs, we are able to provide practical and effective counseling on environmental issues, including counseling on compliance, environmental liabilities, and risk reduction. We have also assisted clients with establishing and managing environmental audits and environmental management systems.

We have extensive experience in all aspects of environmental litigation. We defend clients against government enforcement actions, we defend and prosecute Superfund and other cost recovery claims, we handle appeals from administrative agency actions and permitting decisions, and we have appealed TMDLs. We also litigate toxic tort claims and other environmental cases.

Businesses and entities cannot legally operate without obtaining required permits. We routinely assist clients with all aspects of environmental permitting, including water, stormwater, construction, wetlands, air, and waste permits. In addition, we have extensive experience in representing clients in the defense of permitting enforcement actions by agencies and in permit appeals.

We have substantial experience in the water resources area, including water quality standards and permitting, TMDLs, stormwater and municipal separate storm sewer system (MS4) controls, wetlands and associated endangered species issues, water supply, flooding, and water allocation.

We team with our real estate and corporate attorneys in handling the environmental aspects of various corporate transactions. Typically our transactional work includes conducting due diligence, drafting environmental provisions of contracts, negotiating with permitting authorities, and allocating responsibility for environmental conditions.

We have represented clients in numerous state and federal Superfund matters over the years. Our experience includes representing clients in responding to EPA and state information request letters (§104(e) letters), representing clients in negotiations with the government and potentially responsible party (PRP) groups, negotiation and implementation of cleanup requirements, settlements (including de minimis cash outs), representation of clients in sophisticated allocation proceedings and natural resources damages claims. We have also organized and headed up PRP Steering Committees. We have been involved in some of the most complex and expensive sites in the country, including large sediment sites that are expected to cost hundreds of millions of dollars. We also routinely work with scientific experts in helping clients negotiate appropriate and cost effective cleanup levels. In addition, we have been involved in many state remediation programs and have assisted clients in successfully negotiating state remediation claims.

We have helped numerous clients sell or actively develop brownfields sites in multiple states. We have been extensively involved in all manner of Pennsylvania’s Act 2 voluntary brownfields program and similar programs in other states.

We regularly represent municipalities and municipal authorities with respect to various environmental matters, including permitting of publicly operated treatment works (POTWs), TMDL appeals, brownfields redevelopment, waste management, and Superfund. We serve as special environmental solicitor for a number of municipal entities.

We have been involved in projects to assist clients with both traditional and alternative energy projects. For example, we have assisted clients with myriad permitting aspects of wind farms, as well as permitting issues associated with the build-out of new pipeline systems. We have also been involved in representing landowners in negotiating agreements for the development of natural gas resources in the Marcellus Shale region.

We have been involved in assisting clients with cleanups under the New Jersey Licensed Site Remediation Professional (LSRP) program. Our activities include hiring and structuring LSRP representations and negotiating NJ Spill Act cleanups.

We represent clients in the defense of toxic tort claims, including claims for property damage, diminution of property value, personal injury, and remediation requirements.

Vapor intrusion involves the volatilization of chemicals from groundwater into soils and buildings, thereby creating potential exposure. Vapor intrusion is a quickly expanding issue and has the potential to result in additional and more costly cleanup requirements and new claims, even with respect to sites that were remediated many years ago. We have handled sensitive studies of vapor intrusion in residential neighborhoods and commercial buildings for Fortune 500 companies in several states, which has involved close work with state and local agencies. We have successfully defended a Fortune 100 company against a private toxic tort law suit based on vapor intrusion claims.

We have represented clients in various matters involving air resources, including federal and state enforcement actions, as well as permitting at both the federal and state levels.