We represent clients ranging from Fortune 500 companies to small partnerships in the real estate-related work of our environmental practice. Our work is both within the tristate region, Pennsylvania, New Jersey and Delaware, and throughout the country. Clients turn to us when new issues arise because of our experience in applying these skills to achieve results cost-effectively.

Service Areas

Our attorneys concentrate in several areas, including the following:

Brownfields Projects and Transactions. We have significant experience working on Brownfields projects for developers, sellers, landlords, tenants and lenders.  We have assisted in the development of Superfund sites, and with remediation/development projects involving industrial, commercial, consumer and residential uses.  Our experience enables us to work with consultants and regulators to provide practical solutions so that deals and projects are completed cost-effectively and timely. We participate in all aspects of transactions, including drafting and negotiating agreements, overseeing environmental due diligence, obtaining permits and implementing required cleanup work.

Regulatory Matters. Clients come to us for assistance in obtaining permits and approvals and for advice relating to all regulatory programs, including water, land, air, waste, wetlands and riparian rights. Our familiarity with the regulators enables us to navigate through complicated governmental processes practically and efficiently.

Business Operations/Property Management.  We provide guidance to clients when environmental issues arise during business operations and related to property management.  We have substantial experience responding to emergency situations, such as spills, leaks and other accidents. We actively work with clients in guiding responses to address concerns of a variety of stakeholders, including regulatory agencies, lenders, tenants and employees, as well as public media.  We have done significant work in responding to mold, asbestos and lead-based paint concerns.

Litigation. Our attorneys appear in federal and state court as well as in front of administrative tribunals and arbitrators to resolve disputes that cannot be settled amicably. Clients ask us to advocate for them in various cases, including Superfund and contamination suits, mold and toxic tort litigation and commercial and insurance disputes involving environmental matters. We also defend clients against governmental enforcement of air, water, waste and land use laws. Our experience enables us to achieve our clients’ goals cost-effectively.

Sustainability/Climate Change. We continue to counsel and represent clients in transactions involving renewable energy, sustainability and climate change issues.

Representative Engagements

Brownfields Redevelopment

• Lease/Development. We regularly represent a national retail chain in the acquisition, leasing and development of big boxes on environmentally impaired properties around the country. Our work includes detailed analysis of construction plans, consideration of Brownfields and other regulatory requirements, such as RCRA, TSCA and asbestos, incorporation of vapor intrusion protocols and negotiation of work to be performed by the parties.
• Purchase/Development. For a student housing company, we have handled the acquisition, financing and development of apartment complexes on environmentally impacted properties. We have worked under the requirements of Brownfields programs, including local grant programs, in states such as New Jersey, Michigan, Tennessee and Pennsylvania.
• Sale. We represented a pipe manufacturer in the seven-figure sale of its industrial property in New Jersey during the course of its required remediation under New Jersey cleanup programs.
• Loan Sale. We represented the agent for a syndicated loan in the multi-million-dollar sale of distressed debt related to a 60 acre property in New Jersey impacted with significant contamination which was not being timely remediated by an obligated third party.
• Portfolio Sale. We represented a publishing company in multiple portfolio sales of contaminated properties in Georgia, Illinois, Missouri, Ohio, Oklahoma, North Carolina Pennsylvania, South Carolina and West Virginia.

Regulatory Compliance

• We assisted a solid waste recycling operator in obtaining state permits to expand its operations.
• We assisted a highly regulated pipe manufacturer in negotiating stormwater discharge permits.
• We represented a paper manufacturer in transitioning power sources in compliance with air permitting requirements.
• We represented a wastewater treatment operator in addressing governmental compliance request.
• We have represented landfill operators seeking permit renewals.
• We have represented numerous clients in navigating New Jersey’s Industrial Site Recovery Act (ISRA).
• We have assisted many clients in working with regulatory agencies to address vapor intrusion concerns.

Real Property Management

• Emergency mold response. We regularly counsel clients who have suffered water damage and mold growth, including in emergencies. For example, we provided hands-on guidance to the owner of a garden-style apartment complex faced with mandatory resident evacuation and remediation requirements due to extensive mold growth including in its interactions with residents, governmental entities and the media. We also assisted an apartment complex in responding to a catastrophic water pipe break and addressing the concerns of residents and local governmental agencies.
• Response to potential lead paint in residential communities. We provide guidance and advice to building owners and managers when faced with lead paint concerns. In one typical case, we guided the actions of an apartment owner in its response to adverse test results and tenant claims of lead paint poisoning.
• Addressing asbestos in residential and office buildings. We regularly assist clients in understanding legal requirements and developing strategies for addressing asbestos in buildings. In one common situation, we assisted a client in developing a scope of work and negotiating with contractors for an efficient, effective remediation acceptable to all transaction parties relating to a building with significant asbestos-containing materials.
• Response to worker complaints regarding odors. Employee complaints regarding odors can result in potential injury claims, unfinished work and morale problems. We work with consultants and contractors to quickly and safely assess site conditions, take appropriate steps and guide interactions with the employees so that all are satisfied.

Litigation

• We successfully litigated and settled the claim on behalf of an international petroleum company whose property was contaminated by neighbors and prior owners.
• We successfully brought suit and settle the claim on behalf of the company whose property had been contaminated by a local service station affiliated with a major petroleum company.
• We litigated on behalf of a property owner whose hotel had been inundated with mold due to tenant neglect.
• We have successfully defended numerous actions in front of administrative tribunals in Pennsylvania and New Jersey.