Environmental Law & Litigation


PRACTICE AREA ATTORNEYS
GORDON C. DUUS (Chair)
OWEN T. HUGHES
DOUGLAS I. EILENDER
Mandelbaum Salsburg’s guidance on the many complex environmental and land use challenges facing individuals and businesses spans all aspects of environmental and land use matters, including the following:
  • Real Estate transactions
  • Commercial transactions
  • Negotiations of environmental insurance policies
  • Land and Brownfields development
  • Due Diligence
  • Permitting
  • Compliance
  • Investigation/Remediation, including the negotiation of access and remediation obligations
  • Indemnification agreements
  • Cost recovery and liability allocation litigation and negotiation, in both federal and state courts
  • Property Damage and Business Interruption
  • Defense of potentially responsible parties
  • Defense of enforcement actions
  • Environmental alternative dispute resolution and mediation

Buying, selling, leasing, financing real estate, and operating a business on either commercial or industrial property, carries with it environmental risks and potential liability. Mandelbaum Salsburg offers a full range of environmental and land use legal services to meet a client’s transactional, regulatory and litigation needs. Our experience with state and federal laws and regulations expedites successful client navigation through a wide range of environmental matters, including site assessment, remediation and cleanup, and development of contaminated or environmentally sensitive properties.

During real estate and commercial transactions, Mandelbaum Salsburg coordinates due diligence and environmental site assessments, and assists clients with the purchase of environmental liability insurance and developing creative solutions to facilitate the closing of transactions involving contaminated properties.

Environmental cleanups must be performed according to specific laws and regulations including the federal Superfund law, the New Jersey Industrial Site Recovery Act, the New Jersey Spill Act, New Jersey Site Remediation Reform Act and various underground storage tank laws. Mandelbaum Salsburg counsels clients in adhering to these regulations, and helps them to avoid or recover significant remediation costs. This is often achieved by obtaining Brownfields grants and other funds under federal and state government programs as well as pursuing payment from both other responsible parties and the client’s insurance companies.

Mandelbaum Salsburg also assists clients in their development of contaminated commercial, industrial and residential properties, obtaining public funding, tax incentives and other benefits under the Brownfields Law and other federal and state programs.

Our assistance includes obtaining permits to develop in or near environmentally sensitive areas (and areas subject to riparian claims by the state), freshwater and coastal wetlands, waterfront or coastal areas, streams, and flood plains, as well as the Hackensack Meadowlands, the Pinelands and the New Jersey Highlands.

We assist in the acquisition of water and air pollution control permits, management of solid and hazardous waste, and compliance with Occupational Safety and Health Act (OSHA), as well as worker and community right-to-know laws.

Mandelbaum Salsburg’s environmental litigation attorneys represent clients in environmental contamination cleanup disputes armed with knowledge of key regulatory, geological and other issues. Often, we are able to settle cases without litigation, but when litigation is unavoidable, we apply effective strategies to prosecute and defend against environmental claims, including defense against penalties assessed by governmental agencies.

Representative clients, include, among others, property owners and real estate developers, commercial business and manufacturers, retail companies, lending institutions and engineering and consulting firms. We also work with business clients whose activities impact the environment, including automotive dealerships, dry cleaners, gasoline service stations, composting facilities, recycling facilities and transfer stations.