Liability for Contaminated Sites

Our qualified new jersey tax attorneys has represented clients in connection with contaminated sites throughout the United States and, in several cases, abroad. These sites have involved many types and sources of soil, groundwater and building contamination, including leaking underground storage tanks, spilled products, hazardous waste disposal, asbestos, and explosive gas. Our clients have included generators and transporters of hazardous substances as well as site owner/operators. We are experienced in all types of Federal and State Superfund proceedings, including information requests, formal investigations, discovery, expert examination, trial preparation, site clean-ups, cost-recovery actions and de minimissettlements. Our lawyers have defended clients against unilateral administrative clean-up orders and judicial actions to recover clean-up costs and to compel performance of remedial measures. Our experience ranges from cases where the client’s exposure has been “small” to cases involving exposure in the hundreds of millions of dollars. The total number of potentially responsible parties in these cases has ranged from one to several hundred. Recognizing that a good offense sometimes is the best defense, we also have filed suit against the state, local and/or federal governments and other potentially responsible parties for reimbursement of clean-up costs.

In various urban projects, our clients have faced potentially significant expenses caused by existing environmental contamination at Brownfields properties. We have assisted in devising voluntary approaches to address site contamination problems that take advantage of existing state risk-based clean-up programs. In several cases, through the use of site-specific derived cleanup standards, institutionalized controls and/or engineered barriers, we have worked with clients to eliminate or minimize the cost of addressing environmental conditions and to obtain “no action” letters from environmental regulatory authorities. For buyers of Brownfields properties, we also have experience in negotiating “prospective purchaser agreements” at the state and federal level to eliminate the uncertainties and potential liabilities involved in purchasing such properties.

Environmental Issues In Project Development

Our qualified’s Environmental Practice Group is experienced in representing clients involved in the development of major projects. We have extensive experience with the National Environmental Policy Act and analogous state laws with their environmental impact statement and report requirements. One of our partners, as General Counsel of the President’s Council on Environmental Quality, drafted the Federal Government’s NEPA regulations. Our experience ranges from natural gas transmission pipelines to electric power plants to significant land development to gaming facilities and airport expansions and bridge construction. Our experience with wetlands permitting is similarly extensive, encompassing commercial and residential land development and a wide variety of energy projects. We are similarly experienced with representing clients in dealing with statutes affecting development as diverse as the Endangered Species Act and the National Historic Preservation Act.

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