Saiber LLC


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ENVIRONMENTAL COMPLIANCE & LITIGATION


Our firm provides counseling with respect to transactional, regulatory and administrative environmental matters. We have substantial experience in a variety of complex, multi-party environmental, toxic tort and related litigation.

Environmental Compliance and Transactional Matters
A company's compliance with the environmental laws is often one of the determining factors in the successful completion of a transaction. Our attorneys often are called upon to review and evaluate the legal environmental compliance history of a business entity including reviewing permits, hazardous waste compliance, reporting and remediation obligations. We are experienced in working with environmental technical experts in order to present a combined legal and scientific understanding of a company's environmental history.

Our lawyers have considerable experience in drafting and negotiating the environmental provisions in contracts, leases and loan documentation and in counseling lenders, buyers, sellers and tenants through the various state and federal liability regulations and statutes. Transactions involving the sale, transfer or closure of certain business operations and properties in New Jersey are unique in that they may be subject to the Industrial Site Recovery Act (ISRA). We are experienced in guiding our clients through ISRA compliance in a timely and cost-efficient manner.

Regulatory and Enforcement Matters
We guide our clients through permitting applications before the New Jersey Department of Environmental Protection and other governmental agencies. We provide assistance to our clients as to their permit obligations, and their reporting and remediation obligations under various state and federal environmental laws, including: The New Jersey Spill Compensation and Control Act, The Underground Storage of Hazardous Substances Act, and The Comprehensive Environmental Response Compensation and Liability Act under federal law.

Environmental compliance requires strict adherence to a complex and fluid set of statutes, regulations and guidance documents. Even the most environmentally sensitive company may become the subject of an enforcement action and penalty. We handle all aspects of negotiations with regulatory authorities and the defense of such proceedings and strive to achieve a fair, cost-efficient and timely resolution.

Environmental Litigation
Most manufacturing companies operating in New Jersey and the northeast inevitably find themselves entangled in environmental litigation. These lawsuits, which often seek massive damages for the cost of environmental remediation, may be started by the federal EPA, the N.J. Department of Environmental Protection, or even private parties. They may involve a site that is or was owned by our client, or an off-site landfill where its wastes were disposed. They may involve just two parties - a plaintiff and a defendant - or may involve a number of defendants known as "potentially responsible parties" under the environmental laws.

We help our clients through the unique challenges posed by environmental litigation and the enormous costs it potentially can impose even on innocent companies. We have a long history of experience representing our clients in governmental and private environmental cost recovery and penalty actions brought under CERCLA (the federal Superfund Law), the Clean Air Act, the Clean Water Act, the N.J. Spill Act and ISRA.

Environmental litigation is like many other types of litigation that we handle. We bring to bear our strong litigation skills in advocating our client's position. In other ways, environmental litigation is different. Based on our experience and record of success in this area, we have developed creative approaches to minimizing our clients' exposure, including challenges to site nexus, negotiation of reduced site cost assessments by application of cost saving technologies and reduced allocation methodologies.

Saiber attorneys practicing in this area include:

 


 
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One Gateway Center   13th Floor     Newark    New Jersey  07102-5311
Voice: 973.622.3333   Fax: 973.622.3349    Email: info@saiber.com