• Real Estate:  Our team represents clients that buy and sell contaminated commercial and industrial properties, including landfills.  We negotiate purchase and sale agreements, manage due diligence, negotiate the terms of environmental insurance policies, negotiate Pre-Purchaser Administrative Consent Orders and coordinate pre-closing and post-closing remediation.  When a transaction triggers the Industrial Site Recovery Act, we guide our clients through the process to ensure that they meet their notice, assessment, investigation, remediation and funding obligations.  When a contaminated property is being condemned or is located within an area in need of redevelopment, we will negotiate or litigate the rights and responsibilities of the parties to investigate, remediate, and establish funding required to undertake these activities.

• Site Remediation: We represent past and present property owners, operators and other persons obligated to investigate and remediate environmental contamination being overseen by state and federal regulators, and Licensed Site Remediation Professionals in New Jersey (LSRPs).  Out team helps each client to develop and adjust its regulatory strategy for their sites in order to proficiently investigate and remediate the contamination identified in each media.  We negotiate administrative consent orders and consent decrees with state regulators and the United States Environmental Protection Agency.  Our team also negotiates access agreements, institutional controls, the amount and form of funding sources, and contracts with environmental consultants, remedial action contractors, and LSRPs required to meet our clients’ commitments.

• Environmental Litigation: Our attorneys represent clients in a wide variety of environmental litigation, ADR, and administrative proceedings in New Jersey and other jurisdictions located across the United States.  We represent clients in their efforts to pursue or defend against claims for the recovery of past and future costs of environmental investigation and remediation, and Natural Resource Damage claims.  Our team represents policyholders against their insurers under comprehensive general liability, pollution legal liability, and cost-cap policies in order to recover their costs incurred defending, investigating, and remediating contaminated properties.  We also have represented clients in matters that include claims made under the Environmental Rights Act, nuisance, trespass, strict liability, citizens suits, contracts, and related claims for lost business opportunities.

• Regulated Lands:  Our team provides guidance to our clients that seek to perform activities on and nearby regulated or protected lands.  These activities include disturbances to landfills, Flood Hazard Areas, wetlands, freshwater wetlands, riparian lands, and Green Acres diversions.

• Air Quality: Our attorneys assist clients in meeting their reporting and compliance obligations for Title V operating permits under the federal Clean Air Act and New Jersey Air Pollution Control Act required at certain landfills and other sources of air emissions.

• Water Quality: We provide guidance to our clients to assist them in achieving and maintaining compliance with the requirements of the Water Pollution Control Act, NJPDES permit system, the Water Supply Management Act, and Safe Drinking Water Act.  We also work with our clients to respond to emerging regulatory and legal issues, including those issues related to the increased regulation of Per-and polyfluoroalkyl substances (PFAS) by New Jersey and other jurisdictions.

• Solid Waste: We counsel solid waste facilities and haulers regarding their respective obligations under the Solid Waste Management Act and related District Plans.  We also provide guidance regarding the obligations of the Sanitary Landfill Facility Closure and Contingency Fund Act.

 

 

Please contact David L. Isabel at disabel@trenkisabel.law or Alexander D. Lehrer at alehrer@trenkisabel.law for more information.