Howard P. Davis

Howard Davis was born in New York City.  He received a B.A. magna cum laude from the State University of New York at Albany, majoring in Political Science and Psychology and  minoring in History.    He earned his J.D. from Fordham University School of Law in 1987. During law school, Howard interned for Justice Harold Baer, New York State Supreme Court, First Judicial District, prior to the Judge’s appointment to the United States District Court.  Howard was admitted to practice in New York State in 1988 and New Jersey in 1990.  He is also admitted to the United States Supreme Court.

After law school, Howard worked in New York City on corporate and real estate transactions, including contamination and environmental issues.  Those issues intrigued him and led him to dig deeper into the burgeoning field of environmental law. He pursued and received a Master of Laws degree (LLM) in Environmental Law from Pace University’s Elizabeth Haub School of Law in 1990.  He then concentrated his legal practice on the environmental issues presented in transactions, regulatory compliance and litigation, establishing the Law Office of Howard Davis in 1998.

Howard brings passion and a unique perspective and skill set to the practice of environmental law, looking broadly at legal and governmental structures, while understanding the critical necessity of detailed technical analysis and focus on scientific sampling and evidence.    Thus, he developed his own creative approach to legal counseling, one which integrates social sciences and hard scientific analysis, comfortably working with a range of experts in geology, chemistry, environmental science, and other disciplines.  Environmental legal work frequently involves the interplay and interpretation of numerous environmental statutes and regulations, including, among others, the Spill Compensation and Control Act (the well-known “Spill Act”), Industrial Site Recovery Act (“ISRA,” also well known), the Brownfield and Contaminated Site Remediation Act, the Site Remediation Reform Act, the Flood Hazard Area Control Act, the Electronic Waste Management Act, the Air Pollution Control Act, the Underground Storage of Hazardous Substances Act, the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA,” the federal counterpart of the Spill Act), the Resource Conservation and Recovery Act (“RCRA”), the Toxic Substances Control Act (“TSCA”), and their many implementing regulations.

Howard’s skills enable him to identify critical legal issues for clients. He has argued several groundbreaking cases before the New Jersey Supreme Court, the New Jersey Appellate Division, the New Jersey Superior Court, and other State and Federal environmental agencies.  One seminal case, following an unwanted government inspection of a private backyard, involved the limits on governmental officials who seek to inspect residential property.  See Huber v. New Jersey Department of Environmental Protection, 213 N.J. 338 (2013); see also Huber v NJDEP, 562 U.S, 1302 (2011)(Statement of Justice Alito, joined by Roberts, Scalia and Thomas, pursuant to denial of petition for certiorari).   In another appellate case, Howard successfully argued for more widespread applicability of a grant program, to enable a client with moderate means to complete remediation of contamination. After prevailing  at the Appellate Division, the DEP successfully lobbied the legislature to change the statute, but Howard nevertheless helped our client complete the remediation within their limited available funding.   See generally TAC Associates v. NJDEP, 202 N.J. 533 (2010).

In yet another creative situation, while working for a condominium association, Howard obtained millions of dollars in federal and state grants and loans previously available only to public entities, to enable construction of new drinking water infrastructure and access to a clean water source.   On behalf of an individual homeowner, whom one of the nation’s largest insurers had singled out to create an insurance test case, Howard successfully argued before the Appellate Division against the insurer’s refusal to pay environmental cleanup costs. See Schoneboom v. Allstate Insurance Co., 2020 N.J. Super Unpub. Lexis 527.   Over the years, Howard has helped clients obtain many millions of dollars from insurance carriers, enabling a multitude of remediations.  For yet another of his many residential property owner clients, Howard successfully facilitated one of the first judicially sanctioned recissions of a real estate transaction due to environmental contamination.

More recently, through Howard’s work and leadership, Davis Environmental Law successfully negotiated a $17.5 million settlement for homeowners with polluted groundwater in Sutton v. Hoffmann-La Roche, Inc., 245 N.J. 251 (2021) (denying leave to appeal from a trial court order granting class certification, as affirmed by the Appellate Division).

Thus as founder and manager of the firm, Howard’s guiding principle has been to provide creative solutions to complex problems, even when clients have limited resources.  He seizes every opportunity to combine sustainability ideals with good economic outcomes.   During his decades of practice, Howard has developed an extensive network of contacts in the environmental world and credibility with regulatory officials within and outside New Jersey.  Esteemed for his insight, integrity and efficiency, Howard brings his legal and business acumen to bear on every case in the office, supervising the work of all our attorneys and para-professional help.  Through Howard’s guidance, Davis Environmental Law has become a leader and one of the few sophisticated environmental boutique firms in New Jersey, representing a range of corporate, real estate and individual interests.

Howard consistently achieves an “AV Rating,” the highest rating for legal ability and professional standards for ethics, conduct, reliability, and diligence from Martindale-Hubbell. He has been selected as a Super Lawyer by Thompson Reuters and one of Bergen County’s Top Lawyers by Bergen and (201) Magazines.  He is a member of many diverse professional and environment organizations, including the New Jersey State Bar Association, Renewable Energy Clean Tech and Climate Change Committee, Bergen County Bar Association, Environmental, Land Use and Corporate/Business Law Committees, Brownfield Coalition of the Northeast, Commerce & Industry Association of New Jersey, Impact Capital Form, Opportunity Zones Working Group, N.J. Licensed Site Remediation Professionals Association, New York State Bar Association and REAL Professionals, Network, LLC.

He has served on board of the Putnam County Historical Society Museum, as Vice President of BHA (Beacon Hebrew Alliance), and on the Leadership Council of Black Rock Forest, an environmental, research and educational non-profit organization located in the Hudson Valley. In his free time, Howard hikes, travels and plays tennis.

Questions:

Q. What motivated you to become an environmental lawyer?
A. I began my law career practicing corporate and real estate law in New York City and was exposed to environmental concerns in business transactions. This is where I found my opportunity to combine my business interests with meaningful societal impact. It was the confluence of all my interests and skills: science, entrepreneurship, government and citizenship, psychology, philosophy and my love of nature. I enrolled in what is now considered the highest rated Environmental LL.M. program at Pace University School of Law and found my calling in the environmentally-complex state of New Jersey.

Q. How do you feel when you get a just settlement for clients?
A. I invest an enormous amount of intellectual and creative energy into finding solutions to complex and difficult circumstances and obtaining successful results for my clients. With great success comes great satisfaction for me and for my clients.

Q. What are your interests outside of the office? (hobbies, activities)?
A. Hiking with my family and tennis are my outdoor activities and I consume as much reading as I can on history and emerging fields of sustainability.

Q. What do you see as being the pressing considerations for environmental law?
A. I see environmental concerns as the most important issues of our time. Staying informed and nimble as the laws and regulations shift and evolve is vitally important to our firm’s ability to guide and counsel our clients.

Q. What is your advice to clients?
A. I assure clients who come to us in difficult situations that we can help them to manage the complexities with confidence. To prospective clients, I advise them to seek our help early to avert possible difficulties.