Practice Group: Environmental

We are pleased to announce the formation of our Environmental Department to enhance our client services. Please see the description of our Environmental Department for further details.

Our environmental lawyers work closely and collaboratively with members of our other departments to provide seamless representation on the multi-faceted issues that arise in transactions, litigation and administrative proceedings involving environmental issues.

GRS&D's Environmental Practice Group has broad experience and multi-disciplinary knowledge that crosses departmental lines, including the firm's distinguished real estate, land use, redevelopment, litigation and corporate practices. The Group provides highly effective representation to privately and publicly-held corporations, real estate developers, landlords and tenants, businesses, financial institutions, investors, trustees and individuals. Our wide range of services includes: guiding clients through the myriad of ever-changing federal, state and local environmental, health and safety (EHS) regulations; negotiating clean up and permitting requirements with government agencies; providing sophisticated advice in the context of virtually every type of business transaction; and aggressively representing clients in complex federal and state litigation, enforcement actions, and administrative proceedings.

Regulatory Compliance Counseling and Permitting

The Environmental Practice Group advises clients and negotiates with government agencies on a wide range of environmental, health and safety compliance and permitting matters. We analyze transactions, processes and operations, and facility EHS plans and programs (e.g., environmental management systems, spill prevention and control, emergency response and other plans). We assist in the resolution of alleged regulatory deficiencies and violations. Our attorneys develop and conduct compliance training programs and audits in conjunction with professional consultants and client EHS staff. Our experience includes:

• Solid and hazardous waste storage, recycling, disposal (RCRA)
• DOT and FAA hazardous waste transportation requirements
• Clean Water Act (industrial waste water pre-treatment, NPDES)
• Underground storage tanks
• Chemical regulation (e.g., federal Toxic Substances Control Act)
• OSHA and right-to-know

Business Transactions

Our Environmental Practice Group counsels clients concerning the requirements and impact of EHS laws and regulations in connection with the purchase and sale of companies, businesses and real estate, financial transactions, plant closings and leasing. We facilitate transactions by addressing problems and risks, through devices such as environmental insurance, prospective purchaser agreements, grants, loans and other available tools. We work with clients, consultants and experts to identify, plan for and reduce potential liability risks and issues. We conduct due diligence and negotiate contracts, risk allocation and post-closing obligations. We handle the following matters, among others:

• New Jersey Industrial Site Recovery Act (ISRA)
• Innocent and bona fide purchaser requirements
• Preliminary assessments and site investigations
• "Phase I": USEPA All Appropriate Inquiry Rule
• Audit policies and programs, disclosure and reporting

Land Use and Redevelopment

Attorneys in our Group are noted for their comprehensive approach to real estate development and redevelopment, including the investigation, cleanup and redevelopment of contaminated property, environmental land use approvals, and Board of Public Utilities regulation - all of which play an integral part of the planning process on the state and federal levels. The Group also negotiates consent orders, voluntary cleanup agreements and other oversight, liability protection and government remedial agreements. Many of our cases deal with:

• Brownfields
• Institutional and engineering controls (DERs, CEAs, WRAs)
• Wetlands, flood hazard area and water quality regulations
• Wastewater management, sewage treatment plant authorizations
• Water diversion permitting, utility extensions and franchise grants

Environmental Litigation and Cleanup Cost Recovery

GRS&D attorneys handle all phases of civil litigation, enforcement and penalty actions and administrative proceedings. We practice in state and federal courts, before administrative agencies and other regulatory bodies, arbitration tribunals and mediators. We are fully experienced in litigating issues of site remediation liability and cost recovery under New Jersey and federal statutes and allocation of responsibility among multiple potentially responsible parties (PRPs). Our Group has particular expertise in representing suppliers of hazardous materials and gasoline, oil refineries and distributors. We have significant experience in environmental liability insurance coverage cases. We have litigated the scope of insurance policy coverage for environmental contamination. Our litigation practice covers:

• CERCLA/Superfund
• New Jersey Spill Compensation and Control Act
• Environmental insurance coverage
• Natural resource damages (NRD)
• Grace Period Rules
• Criminal defense

Brownfields, Site Remediation, and Environmental Due Diligence
David B. Farer
Jay A. Jaffe
David A. Roth
Maura E. Blau

Compliance, Permitting, and Enforcement
David B. Farer
Jay A. Jaffe
David A. Roth
Maura E. Blau

Transactions
David B. Farer
Robert S. Goldsmith
Jack Fersko
Ann M. Waeger
Jay A. Jaffe
David A. Roth
John H. Hague
Robert Beckelman
Maura E. Blau

Environmental Insurance
Ann M. Waeger
Carlton T. Spiller
Ellen A. Silver

Litigation and Superfund
David B. Farer
William D. Grand
David A. Roth
John J. Reilly
Carlton T. Spiller
Ellen A. Silver
Daniel L. Schmutter
Luke J. Kealy
Emily A. Kaller

Land Use, Redevelopment and Financing
Robert S. Goldsmith
Jack Fersko
Ann M. Waeger
John H. Hague
Robert Beckelman

Sustainable and Green Development
Jack Fersko
Maura E. Blau

Condemnation and Environmental Issues
John J. Reilly