Environmental

Saiber provides counseling with respect to all types of transactional, regulatory and administrative environmental matters. We also represent clients in a broad range of complex, multi-party environmental, toxic tort and related litigation, combining practical business advice with experienced advocacy when disputes arise. 

Environmental Compliance and Transactional Matters 

A company's compliance with environmental laws is often one of the determining factors in the successful completion of a transaction. We are frequently called upon to review and evaluate the environmental compliance history of a business, including reviewing permits, hazardous waste compliance, reporting and remediation obligations. We work closely with environmental technical experts to provide clients with an integrated 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 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 represent businesses and individuals before the New Jersey Department of Environmental Protection (NJDEP), the United States Environmental Protection Agency (EPA), and other federal, state, and local governmental agencies on a broad range of environmental and regulatory matters. We also assist clients with preparing and submitting permit applications, advising on their reporting and remediation obligations, and ensuring compliance with a wide range of environmental statutes and regulations. Our experience includes matters arising under ISRA, the New Jersey Spill Compensation and Control Act, the Underground Storage of Hazardous Substances Act, and the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). We work closely with regulators at every level to help clients efficiently resolve issues and advance their business objectives.

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. When that occurs, we handle all aspects of negotiations with regulatory authorities and strive to achieve a fair, cost-efficient and timely resolution.

Environmental Litigation

Many companies operating in New Jersey and the northeast become entangled in environmental litigation. The EPA, the NJDEP or even private parties may start these lawsuits, which often seek massive damages for the cost of environmental investigation and remediation. These cases may involve a client-owned site or offsite landfill where hazardous wastes were disposed. They may involve just two parties such as a plaintiff and a defendant, or a number of defendants known as "potentially responsible parties" under the environmental laws.

We assist our clients through the unique challenges posed by environmental litigation and the enormous costs it can impose, even on innocent companies. We have extensive experience representing clients in governmental and private environmental cost recovery and penalty actions brought under CERCLA, the Clean Air Act, the Clean Water Act, the NJ Spill Act and ISRA.
As with the other types of litigation that we handle, we leverage our strong litigation skills in advocating our client's position. In addition, based on our specific environmental litigation experience and record of success, we have developed creative approaches to minimizing our clients' exposure, including challenging site nexus, negotiating reduced site cost assessments by applying cost saving technologies, and advocating for reduced allocation methodologies.

Whether advising on compliance, responding to regulatory enforcement actions or defending complex environmental litigation, we work closely with our clients to identify environmental risks, minimize liability and develop practical, cost-effective solutions that protect their interests and advance their business objectives.