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. The prior general attorney for our client tried to defend against NJDEP allegations and demands to investigate and remediate. When tensions started to escalate, and the potential liability extended to millions of dollars, the owner called us since our work focused on environmental law.
We reviewed the multitude of technical documents relating to the ongoing investigation of our client’s property. To gain greater perspective we submitted demands to the NJDEP for documents relating to other sites in the area and the alleged regional contaminations. Our experience in reviewing these technical documents, and having reviewed numerous sites with similar geology, enabled us to develop legal defenses to liability. We consulted with environmental experts to help develop technical defenses based on chemistry and geology.
The information we developed, refuted the allegations that the site was the contamination source. Hard nosed negotiations with NJDEP for access to the property ensued.
Meanwhile, in parallel to defense of the government enforcement actions, we undertook an extensive review of documents and conducted archaeology of historic insurance policies. Our work led to the successful identification of old insurance policies. Following negotiations with the old carrier we obtained commitments for 100 percent of the contamination as well as full legal defense associated with the contamination claim. Our client was ecstatic: “I was up a creek without a paddle until your firm took my case.”
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.