Our environmental lawyers are experienced in handling litigation, regulatory compliance, and the environmental aspects of business transactions.
We have litigated complex environmental lawsuits. Additionally, we negotiate on behalf of our clients with governmental agencies, assist with regulatory compliance and help our clients navigate complex environmental laws. We have successfully handled matters involving:
- Brownfields redevelopment
- Air pollution litigation and permits
- Wetland litigation and permits
- CAFRA (Coastal Area Facility Review Act)
- CERCLA (Superfund)
- Solid waste disposal
- Hazardous waste cleanup and litigation
- Property damage/personal injury from toxic waste sites
- Leaking underground storage tanks cleanup and removal planning
- Water pollution issues
- New Jersey Spill Compensation and Control Act
- Landfills operation and closure
- ISRA (Industrial Site Recovery Act)
- Environmental issues for new businesses and property acquisition
- Environmental insurance coverage
- Stormwater damage
- NEPA (National Environmental Policy Act)
Insurance Coverage Litigation and Funding
At Szaferman Lakind, we help secure insurance coverage to cover the costs associated with environmental damage from landfills, leaking chemical tanks, and other liabilities. We help our clients obtain public money to fund the environmental cleanup.
Below is a sampling of our reported cases involving this practice area:
Atlantic City Electric Company appealed a determination of the Natural Resource Council of the Division of Marine Services of the Department of Environmental Protection, which had refused to offer the company an irrevocable license to lay center water cable in tideland waters. The Company argued that the Council did not have the power to grant revocable licenses, the fees were arbitrary and capricious, and that the fees constituted a revenue-generating measure prohibited by statute. As a Deputy Attorney General, Arnold Lakind represented the Natural Resource Council whose decision to deny an irrevocable license was upheld by the Appellate Division.
Our client, Delanco Land Partnership, opposed the construction of a container port on adjoining property owned by Distributec, Inc. The Department of Environmental Protection had denied the application of Distributec to build the container port, finding Distributec’s proposal to be inconsistent with the Department’s regulatory port policies. We represented the Delanco Land Partnership, both before the Department and the Supreme Court of New Jersey, opposing the port development. The Supreme Court endorsed our client’s position and concluded that the proposed port development was inconsistent with Department of Environmental Protection’s waterfront development regulations.
In 1975, the New Jersey Legislature enacted amendments to the Solid Waste Management Act which eliminated the municipal role in solid waste planning and conferred authority upon individual counties to establish solid waste management plans. In addition, the amendments authorized the Department of Environmental Protection (DEP) to amend any county’s solid waste management plan to bring it into conformity with statewide regulations. In this case, however, instead of exercising its authority to amend, the DEP chose to sue several counties whose plans it considered to be deficient. We were retained to represent Mercer County. The Court held that the Department of Environmental Protection did not have authority to sue the County of Mercer to compel it to amend its solid waste management plan.
In this case, appeals were taken by a corporation from two administrative orders issued by the Department of Environmental Protection as a result of the corporation’s violations of the Air Pollution Control Code. Arnold Lakind, representing the Department of Environmental Protection, as its Deputy Attorney General, argued that the appeal was untimely. The Superior Court, Appellate Division, held that the 15-day time limitation, set forth in the Air Pollution Control Code, was mandatory and agreed, dismissing the appeal.