Site remediation from discovery to completion
At Davis Environmental Law, we have years of experience counseling clients about the various compliance, liability, cost recovery and technological options available to them upon the discovery of contamination at, or emanating from, their property. We have worked on site remediation cases where:
- The property is commercial, industrial, residential and publicly-owned
- Leaking underground storage tanks have contaminated soil and water
- Toxic materials have been dumped
- Accidental spills have serious consequences
- When “legacy” pollution is involved. That is pollution caused by the disposal of contaminants prior to the enactment of modern environmental regulations.
Whatever the cause, we can provide sound advice regarding the legal issues raised by the necessity to proceed with a site remediation, and assist clients in orchestrating the process.
Forensic analysis of pollution sources
One of your first, and most important, steps in site remediation is to identify the source and the time of any discharge of pollution in order to effectively remediate contamination and seek contribution from potentially responsible parties and insurance carriers. This determination often depends on scientific forensic analysis. We use expert evidence to support conclusions as to the timing of contaminated discharges, and their occurrence during applicable insured periods. In these efforts, and in the face of competing expert evidence, we undertake the most searching and delicate evidentiary analyses. We also work with environmental scientists including geologists, hydrogeologists, chemists, and metallurgists, as well as other experts, to develop the evidence necessary to defend or prosecute legal positions.
In some cases, discharges alleged to have occurred from certain property combines with contamination from another source or enters into a plume of existing groundwater contamination. In these instances, we work with an array of experts to differentiate contamination in order to protect our client’s interests.
The team you need to navigate complex and costly barriers to completion
Our experienced team of attorneys has well-established excellent relationships with numerous New Jersey Department of Environmental Protection employees. This allows us to communicate efficiently with the department and to help facilitate compliance with a minimum of costly delays. We also work closely with environmental scientists and experts to help expedite the site remediation process leading to issuance of No Further Action (NFA) letters, Response Action Outcome (RAO) determinations, or other final remediation documents.
For clients in need of financial assistance for site remediation
In addition, on behalf of clients needing financial assistance for site remediation, we have applied for and obtained numerous State grants and loans from the Petroleum Underground Storage Tank Remediation, Upgrade and Closure Fund and the Hazardous Discharge Site Remediation Fund. As a result of this work, many remediations that would have otherwise been cost-prohibitive have been successfully remediated and our clients have been able to convert otherwise unmarketable property into a valuable asset.