Cases & Perspectives

Setting the stage for redevelopment and revitalization of industrial property

Davis Environmental Law successfully enabled former industrial property in Newark New Jersey to be considered for one of the largest redevelopment projects in the State of New Jersey.

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Property Owner’s Rights vs the NJDEP Confirmed by Supreme Court Justices

We filed a petition for certiorari at the United States Supreme Court, asserting that when the New Jersey Department of Environmental Protection (NJDEP) made an unannounced search of the wetlands in our client’s backyard, without a warrant and over his objection, and that it constituted an unconstitutional search and seizure. We obtained an unusual Statement by United States Supreme Court Justice Samuel Alito, joined by three other Justices, confirming the legal validity of our position.

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Renewable Fuels

The Renewable Fuel Standards of the Clean Air Act sets forth mandates requiring increased reliance on renewable energy sources in fuel production and consumption. Businesses in this sector must be aware of complex and detailed regulations and guidance to plan and implement renewable technologies.

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Historic Insurance Cost Recovery for Home and Businesses

After years of hard work building and running their successful business, the owner wished to retire. Environmental investigation conducted by the prospective purchaser revealed the presence of contamination. The purchaser decided not to proceed with the purchase. The owner called our firm for help.

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Government Assistance

Our client, a private condominium association, provided drinking water to residents.  Required water supply sampling revealed the presence of contamination. The US Environmental Protection Agency threatened to sue the association.  After receiving the government demands, the condo association contacted us to help.

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Groundwater Cost Recovery

Environmental investigation and remediation costs can be significant, particularly if groundwater has been contaminated. This means that disputes often arise following the discovery of contamination about who caused the contamination, when the contamination started, where the contamination migrated and who should be responsible to investigate, cleanup or pay for contamination. As environmental lawyers, we assist clients seeking cost recovery from potential liable parties.

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Undisclosed Contamination

Our client reached out to us after purchasing an investment property in New Jersey from a bank foreclosure. During the initial call with the client we learned that the week following closing, our client went to the property.  While walking around he was approached by someone who introduced himself as the environmental consultant for the neighboring property owner.  The consultant told our client about oil contamination that existed under his property. After learning of the contamination and that the purchase occurred only a week before,  it was immediately clear that we had to act quickly.

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Contaminated Property

Our client owned a small retail mall in New Jersey that included a dry cleaner that had operated for decades. The New Jersey Department of Environmental Protection (NJDEP) had been investigating groundwater contamination in the region for many years and asserted that our client was the primary responsible party.

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For more than 25 years, our focused environmental law practice has achieved success through our unique way of seeing and solving challenges. Let our talented and resourceful team assist you in achieving your goals.

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