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.
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Negotiating clean-up standards and overseeing
remediation of former manufacturing sites being conducted pursuant to New
Jersey's Industrial Site Recovery Act.
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Managing soil contamination and buildings
impacted by PCBs and lead at a former manufacturing facility along the
Hudson River in New York.
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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.
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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.
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Negotiating and providing legal support for
RCRA corrective action programs and closures in New York and several other
states.
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