Environmental

Environmental compliance is now a major consideration for everyone. The stakes are high. So too are the expectations of the government and the public. From tighter pollution controls to protecting the public against hazards created decades ago, today’s requirements on the local, state and federal levels are extremely complex.

The Environmental Group at Wolff & Samson understands the laws and issues, as well as the importance of addressing them in a client-focused, cost-effective manner. We handle litigation, regulatory and transactional matters for clients ranging from Fortune 100 companies to individual homeowners. The Group is widely regarded as one of the leading such practices in New Jersey and New York, and has earned top honors in both Chambers USA: America's Leading Lawyers for Business and U.S. News/Best Lawyers "Best Law Firm" rankings.

Wolff & Samson environmental attorneys regularly appear before state and federal courts and work before agencies including the U.S. Environmental Protection Agency (EPA), New Jersey Department of Environmental Protection (DEP), New Jersey Office of Administrative Law, New York Department of Environmental Conservation, New York Office of Administrative Hearings, Army Corps of Engineers, Occupational Safety and Health Administration (OSHA), county boards of health and other state and local agencies. Our representations also include court-ordered and private alternative dispute resolution proceedings.

The firm regularly partners with our clients’ business and legal teams to identify gaps, risks and best practices. Drawing on our in-depth experience with and understanding of the government offices, legislators and agencies we interact with regularly, we provide the proactive counsel that is critical to developing effective policies, processes and procedures.

The Environmental Group’s transactional experience allows us to work with clients during the contracting through due diligence stages in order to obtain regulatory approvals and implement remedies. We assist clients in structuring transactions to manage environmental risk at all phases. The firm also handles significant environmental enforcement matters. We maintain a national Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) practice and regularly advise on such projects, as well as those involving Brownfields issues. Based upon our representation, our clients have avoided or minimized significant environmental penalties.

The firm handles a wide range of energy and infrastructure projects. Working closely with our Renewable Energy and Sustainability Group, our environmental attorneys also advise on matters involving climate change as well as a range of promising alternative energy fields, such as solar, geothermal, cogeneration, wind, biofuels and biomass. In addition, we are knowledgeable of the legal issues surrounding the recent surge in hydraulic fracturing (“fracking”) and are well-prepared to assist clients with the unique issues and challenges raised by this practice.

Wolff & Samson attorneys are active, visible members of the environmental law and business communities and enjoy taking on tough cases for our clients. Our knowledge and experience – in and out of the courtroom – have earned the respect of some of the most prominent lawyers, regulators, legislators and consultants in the field.

Our environmental experience includes a wide variety of representations, including matters involving the following:

New Jersey Industrial Site Recovery Act (ISRA), Spill Compensation and Control Act (Spill Act), and Site Remediation Reform Act (SRRA)
Remediation and redevelopment of Superfund sites and Brownfields properties
Multi-party cost recovery litigation under state and federal law, CERCLA
Hazardous materials incidents and cleanups
Real estate transactions involving properties with environmental issues
Environmental due diligence and audits for all types of real estate and corporate transactions in the U.S. and abroad
Regulated discharge/emission permits
Wetland and stream encroachment issues
Coastal development regulations
Defense of corporations and executives facing criminal environmental prosecutions
Counsel of lending institutions on environmental aspects of commercial transactions
Siting, permitting and advice for regulated industries such as solid waste facilities
Defending corporations and industries in citizens’ suits
Representing public and private interests in environmental project development and financing
Natural resources damage claims and settlements
Threatened and endangered species
Cultural and historic resource
Wastewater management planning
Highlands permitting
Coastal permitting (CAFRA/waterfront development)
Governmental affairs/legislative counseling
Air pollution control
Resource Conservation and Recovery Act (RCRA)
OSHA compliance

REPRESENTATIVE MATTERS

Wolff & Samson’s Environmental Group has worked with clients on numerous important matters, including:

Representing residential and commercial developers in lawsuits against the United States pending in US Court of Federal Claims and United States District Court arising from the government's sale of the former Raritan Arsenal with buried unexploded ordnance and hazardous substances
Defending residential developers sued by current homeowners due to the discovery of historic pesticides resulting from the prior agricultural use of the property
Appointed and served as liaison counsel to a group of generator defendants in the Pennsauken Landfill litigation. In this capacity, our attorneys were responsible for receiving and distributing daily correspondence and representing the positions of the various group members before the Court, Special Master and other liaison counsel.
Representing numerous parties in the "Tierra Litigation" involving cost recovery litigation by the State of New Jersey against pesticide manufactures that disposed of their dioxin wastes directly to the Passaic River. The State seeks past and future investigation and remediation costs, plus Natural Resource Damage assessment costs, involving the Passaic River, the Newark Bay, parts of the Hackensack River, Kill Van Kull and Arthur Kill.
In connection with an EPA contention that a witness identified a client's facility as having sent hazardous materials to a site, conducted and presented factual research to the EPA proving the witness had mistaken another facility as being a facility owned or operated by our client
In connection with a multi-party Superfund site litigation, represented a client through an intensive discovery and ADR process that resulted in a settlement favorable to the client, taking a leading role at all stages of the litigation, ADR and final settlement among the numerous PRPs
Negotiated with the private party plaintiffs in a CERCLA action, resulting in a favorable settlement for our client in a case days away from trial
Representing a manufacturer in the Shpack Landfill Superfund Site involving hazardous substances investigation and remediation overseen by the US EPA and radioactive materials being primarily managed by the US Army Corps of Engineers pursuant to the FUSRAP program
Represented multiple owners and operators of a steel rolling mill in a litigation brought by the State of New Jersey to recover response costs related to alleged VOC contamination of a public supply well near the site. The matter was settled prior to trial.
Played a leading role in the mediation of a remediation case stayed pending mediation, resulting in a favorable settlement for our client
Defended client in response to various odor complaints from neighbors and regulatory agencies, ultimately obtaining withdrawal of odor claims
Representing a petroleum company in connection with a substantial oil spill. We negotiated the settlement of all claims and resolved related criminal investigation all on favorable terms.
Representing a liquid bulk terminal company on all environmental matters, including remediation, permitting, auditing, self disclosure and CERCLA matters in multiple states
Assisting a client in obtaining regulatory approvals for construction of a power line
Assisted client in obtaining a favorable settlement in a significant natural resource damages (NRD) matter involving two sites and adjacent waterbodies
Representing client in cleanup cost recovery cases in New Jersey, New York, Illinois, Ohio, Texas, Louisiana, California, Rhode Island, Indiana, Missouri, Colorado, Massachusetts and Florida