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Areas of Practice: Remediations

We manage a broad range of remedial work, undertaken because of governmental requirements and agreements among private parties.  These range from technically complex groundwater and soil remediation to septic system investigations and closures. We work with clients and consultants on a scope of work, seek competing cost proposals from consultants, and negotiate clean-up standards with government regulators.

Our experience in this area includes:
  • Negotiating an agreement on behalf of two major commercial banks with the New Jersey Department of Environmental Protection, concerning investigation and clean-up of an industrial property.  On behalf of our clients, who had issued an irrevocable letter of credit as assurance of a facility owner's ability to close its facility properly, we obtained complete recognition for the banks as secured creditors exempt from liability, and a settlement resulting in recovery of more than 95% of the letter of credit funds.

  • Negotiating clean-up standards and overseeing remediation of former manufacturing sites being conducted pursuant to New Jersey's Industrial Site Recovery Act.

  • Managing soil contamination and buildings impacted by PCBs and lead at a former manufacturing facility along the Hudson River in New York.

  • Representing New York City property owners with leaking oil tanks, selecting consultants and clean-up contractors and negotiating with government authorities to obtain reasonable closures. Some of this representation included litigation against adjoining property owners.

  • Overseeing design and implementation of a cost-effective program of investigation and remediation of properties acquired by a Long Island institutional real estate client, including septic system and drywells remediation, underground storage tank removals, and asbestos abatement.

  • Negotiating and providing legal support for RCRA corrective action programs and closures in New York and several other states.

 

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  ©2009 DL Rothberg & Associates, PC