Environmental law regulations have an impact on all aspects of property ownership and development, and New Jersey is considered one of the most demanding jurisdictions in environmental regulatory controls. We advise our clients on all aspects of environmental law, assisting companies across a wide range of industries with challenging environmental, land use and natural resource concerns. Our Environmental and Land Use attorneys have experience in virtually all aspects of environmental practice, including all transactional and litigation services, so we can help our clients navigate federal, state and local regulations and resolve disputes, in order to allow them to pursue their business objectives. We help assess – and then minimize – environmental risks in acquiring properties.

Environmental Compliance Site Remediation

Environmental regulations are constantly changing. We at Brach Eichler counsel our clients to be proactive in managing environmental issues as part of their business strategies. This includes:
 

	Advising clients on state and federal laws and regulations
	Addressing day-to-day business decisions to resolve environmental concerns and improve operations
	Assisting clients with environmental permitting; project development, natural resources issues and air pollution control; solid and hazardous waste, minimization, handling and disposal; and water issues.
	Serving as common counsel to national Superfund trusts that successfully resolve lawsuits and identify responsible parties.
	Facilitating clients' compliance with directives and administrative consent, working closely with the United States Environmental Protection Agency
	Overseeing environmental consultants and engineers in the conduct of remedial activities and interaction with the public
	Counseling on compliance with site remediation requirements under ISRA and other regulatory programs
	Representing parties seeking to purchase property and conducting environmental due diligence

Litigation, Enforcement and Toxic Tort Law

Our attorneys have trial and appellate experience in state and federal courts, and before administrative agencies, including:

	Representing clients in civil and administrative enforcement actions, as well as private lawsuits
	Representing clients in administrative appeals
	Litigating suits involving current and former owners, tenants and operators over cleanup responsibility, cost recovery, contribution, and related costs and damages
	Negotiating with state environmental agencies and the United States Environmental Protection Agency to lower penalties and resolve enforcement actions involving environmental compliance issues for air, water, stormwater, hazardous and solid waste, and spill prevention
	Defending potentially responsible parties in government cost recovery and liability actions
	Representing defendants in major complex toxic tort litigation involving numerous plaintiffs and defendants

Due Diligence

	Assisting individuals, developers and large corporations with environmental issues involved in real estate transactions
	Working with real estate counsel to draft environmental provisions benefiting clients in purchase and sale agreements and other loan documents and overcoming lender hesitancy and reservation where environmentally challenged properties serve as loan collateral
	Advising clients on the selection, retention and supervision of environmental consultants and engineers
	Identifying issues and finding solutions to avoid future environmental problems associated with transactions

Land Development, Planning and Zoning

Our land use attorneys represent owners and developers of real estate in all phases of the approval and entitlement process, including securing zoning changes; obtaining site plan, subdivision and variance approvals; and resolving land use, code and regulatory compliance issues. We provide counsel on affordable housing and land preservation matters.

Recent Matters

• Defending the property owner and property manager of buildings surrounding Ground Zero arising from the World Trade Center terrorist attacks.
   
• Serving as common counsel for a PRP Group at the Caldwell Trucking Superfund Site in Fairfield, NJ.
   
• Litigating to establish the liability of a prior site operator that had contaminated a client’s property over 40 years earlier.
   
• Rehabilitating former multi-site industrial property into parkland.
   
• Serving as common counsel for a PRP Group at the Barceloneta Landfill Superfund Site in Barceloneta, Puerto Rico.
   
• Handling negotiations to resolve a Title V Air Permitting enforcement action against an oil company.
   
• Defending a former tenant, which historically conducted manufacturing operations at the landlord’s property, to defeat the former landlord’s efforts to secure an NJDEP re-opener of a No Further Action determination in order to assert New Jersey Spill Act claims.
   
• Supervising investigations that established dates of discharges occurring 30 years prior, in order to obtain insurance coverage under “occurrence” policies for clients.