David A. Roth

Partner, Environmental Department
Member, Alternative Energy & Sustainable Development Practice Group
Member, Distressed Real Estate Practice Group
Member, Environmental Practice Group
Member, Redevelopment Practice Group

Practice Focus

Mr. Roth has a concentration in real estate, environmental, and health and safety law with special emphasis on compliance counseling and environmental aspects of real estate and business transactions.  He assists clients in resolving issues arising under solid and hazardous waste laws, the federal Clean Water Act, the New Jersey Industrial Site Recovery Act (ISRA), the Toxic Substances Control Act, right-to-know programs, the Occupational Safety and Health Act and emerging product safety laws. A substantial part of his practice involves negotiating with and appearing before federal, state and local agencies in connection with enforcement actions, site investigation and clean up cases, permitting, voluntary agreements, and administrative consent orders, and handling administrative and judicial appeals. He also works closely with client EHS and legal departments on auditing, developing environmental management systems, and training with respect to compliance, reporting and disclosure requirements.

Representative Matters

• In recent years Mr. Roth has effectively functioned as national environmental counsel for a group of consumer product and manufacturing companies.
• He represents clients engaged in Brownfield redevelopment projects, purchase and sale of real estate, businesses and companies, mergers and acquisitions, divestitures, financings and leasing of commercial and industrial facilities and properties. His role in these transactions includes overseeing due diligence, analyzing potential liabilities, providing advice on liability protection strategies, and structuring agreements to deal with post-closing site work, engineering and institutional controls, deed notices and land use restrictions.
• At dozens of federal and state listed hazardous waste disposal and contamination sites throughout the United States, Mr. Roth has represented companies that have been notified of potential liability under CERCLA, the New Jersey Spill Act and other state superfund laws.
• He has been involved in environmental litigation in federal and state courts, such as private cost recovery and contribution lawsuits, property damage cases, toxic tort litigation and natural resource damage cases.

Professional Activities / Honors

• Director of the Environmental Law Section of the New Jersey State Bar Association.
• Vice Chair, Committee Newsletters of the American Bar Association Section of Environment, Energy, and Resources Environmental Disclosure committee.
• Listed in Chambers USA: America’s Leading Lawyers for Business in the Environment practice area (2013).
• Member of the Land Use Section of the New Jersey State Bar Association.
• Member of the Regulatory Affairs Committee of NAIOP - New Jersey Chapter.
• Member of the Commerce & Industry Association of New Jersey.
• Member of the Newark Regional Business Partnership.
• Member of the Alumni Board of the University of Maryland School of Law.

Publications/ Articles/ Presentations

• Panelist, “Discharge Prevention Program: Compliance in NJ,” Rutgers University New Jersey Agricultural Experiment Station, May 21, 2013.
• Co-author, "New Jersey Appellate Court Upholds NJDEPs Waiver Rule," Greenbaum, Rowe, Smith & Davis LLP Client Alert, March 2013.
• Presenter, “Environmental Due Diligence in Corporate and Real Estate Transactions,” Hudson-Bergen Inn of Transactional Counsel, February 13 2013.
• Speaker, “Discharge Prevention Program: Compliance in New Jersey,” Rutgers New Jersey Agricultural Experiment Station, June 5, 2012.
• Author, "NJ Appellate Division Upholds Denial Of NJDEP's Claims for Natural Resource Damages," Greenbaum, Rowe, Smith & Davis LLP Client Alert, April 2012.
• Panelist, "Preparing for Mandatory LSRP," NAIOP NJ, February 17, 2012.
• Speaker, “Working with Your LSRP” short course, Rutgers University Agricultural Experiment Station, December 5, 2011.
• Speaker, “Environmental Site Assessment & Vapor Encroachment Screening,” O’Brien & Gere Vapor Intrusion in New Jersey Seminar, September 20, 2011.
• Presenter, “Environmentally Contaminated Property Issues When Owners Face Insolvency,” Greenbaum, Rowe, Smith & Davis LLP webinar, February 15, 2011.
• Presenter, "Latest LSRP Program Developments: New Interim Rules, DEP Guidance, Insights, and Practical Tips for Doing Business," Webinar, November 2009.
• Presenter, "The Development and Property Values Impact of Complying with the NJDEP Water Quality Management Planning Rules," Webinar, October 2009.
• Speaker at the New Jersey State Bar Association Annual Meeting on the topic of Water Quality Management Planning Rules, May 2009.
• Speaker at Rutgers Short Course on Phase I Site Assessments and Preliminary Assessments at Cooke College, New Brunswick.
• Co-author, "A Non-Toxic Ounce of Prevention: Notes on Handling  Enron-era Environmental Investigations," New Jersey Law Journal, December 4, 2006.
• Co-author, “Environmental Implications of Utility De-Regulation,” The Metropolitan Corporate Counsel, March 1999.

Bar Admissions

• New Jersey, 1986
• Maryland, 1985