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. We facilitated a connection to public water supply. To pay for the substantial costs, we obtained unique and unprecedented 100% funding through the New Jersey Environmental Infrastructure Trust and the New Jersey Department of Environmental Protection to construct a water main in order to provide clean drinking water to the condominium complex.
Government Grant to Remediate Chlorinated Solvent Pollution
In another case, our client’s property was determined to be contaminated with chlorinated solvent pollution. The costs to remediate contamination were substantial. We helped to obtain a government grant to use innovative technologies to remediate chlorinated solvent pollution.
Appeal to invalidate a regulation restricting “Innocent Party Grant” eligibility
In yet another novel case, we appealed a decision of the DEP and the New Jersey Economic Development Authority (“EDA”) denying our client’s grant application. On appeal, we persuaded the Appellate Division to invalidate a regulation promulgated by the EDA that restricted an applicant’s eligibility to receive an “Innocent Party Grant,” on the grounds that the restriction was not authorized by the terms of the enabling statute, the Brownfield and Contaminated Site Remediation Act. The Legislature quickly amended the Statute after that decision, and the Supreme Court determined that the amendment applied retroactively to our client, see TAC Associates v. NJDEP, 2010 Lexis 592 (N.J. July 15, 2010). We nevertheless achieved a favorable outcome for our client following the appeal, and DEP agreed to issue a No Further Action for the site.
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.