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Environmental Law

Environmental Law


Mandelbaum Salsburg’s Environmental Law Practice Group offers a full range of environmental and land development services to meet a client’s transactional, regulatory and litigation needs. Our extensive experience with state and federal laws and regulations allows us to counsel our clients on the best ways for clients to successfully navigate a wide range of environmental matters.

Real Estate Transactions

Selling, buying, leasing or financing real estate, whether commercial, industrial or residential, carries with it environmental risks and potential liability. We advise clients on how to avoid, minimize or manage liability under environmental laws in connection with real estate transactions. We coordinate due diligence and environmental site assessments to make sure the client has a clear understanding of the environmental situation. We are adept at finding creative ways to close transactions involving contaminated properties, including assisting clients with the negotiation and purchase of environmental liability insurance.

Business Transactions

We have extensive experience at assisting clients with the environmental aspects of business transactions, including the negotiation of sales or purchases of stock or assets and mergers and acquisitions. We work to structure the transactions, and to coordinate due diligence, to best manage the client’s environmental risk and liability.

Environmental Remediation and Cost Recovery

Environmental cleanups must be performed according to the guidelines set forth in state and federal laws, including the New Jersey Spill Act, the Industrial Site Recovery Act, and the Site Remediation and Reform Act, as well as the Federal Superfund law and various underground storage tank laws. We assist clients in adhering to these regulations, and in helping them to recover, or avoid spending, significant remediation costs. To that end, we are often successful in obtaining Brownfields grants and other funds under federal and state government programs. We also investigate the availability of insurance funds, and pursue payment from insurance companies on behalf of our clients.

Real Estate Development

We assist our clients in the development of commercial, industrial and residential properties, including such properties that are contaminated by hazardous substances and wastes, by obtaining funding, tax incentives and other benefits under the Brownfields laws and other federal and state programs. We also help clients obtain permits to develop in or near environmentally sensitive areas, including freshwater and coastal wetlands, waterfront or coastal areas, streams, flood plains, the New Jersey Highlands, the Hackensack Meadowlands, the Pinelands and areas subject to riparian claims by the state.

Capping Cleanup Costs

We have substantial experience assisting clients with capping their liability for the cost to clean-up known contamination. This is accomplished by obtaining guaranteed cost cleanup contracts, where an environmental consultant agrees to cap the client’s liability for environmental cleanup costs. We have also assisted many clients with the negotiation of cost-cap environmental insurance, where the insurance company provides coverage for cleanup costs above the agreed-upon capped cost.

Environmental Litigation

Our attorneys have successfully represented current and former owners and operators of land that are involved in disputes over the clean-up of environmental contamination, including some that have resulted in clients recovering millions of dollars of environmental cleanup costs. With our command of the key regulatory, scientific and other issues, we are able to settle many cases without the need for litigation. For those times where litigation cannot be avoided, we use our understanding of remediation techniques, past manufacturing practices, environmental law and insurance law, and apply investigative and litigation strategies to prosecute and defend against environmental claims. Our attorneys have acted as expert witnesses in numerous litigated cases.

Environmental Compliance

We assist in a variety of areas, including underground storage tanks, the acquisition of water and air pollution control permits, the management of solid and hazardous waste, compliance with worker and community right-to-know laws, renewable energy and green buildings.

Environmentally Sensitive Businesses

In addition to representing companies with regard to their commercial and industrial property, we also work with clients whose business activities directly impact the environment, including manufacturing facilities, gasoline service stations, automotive dealerships, dry cleaners, composting and recycling facilities, and transfer stations.

November 29, 2018Mandelbaum Salsburg Receives High Rankings in Best Law Firms by U.S. News and World Report for 10th Year in a Row

Mandelbaum Salsburg has once again received high rankings in the 2019 edition of U.S. News – Best Lawyers® "Best Law Firms." The firm received "Metropolitan Tier 1" rankings in Banking and Finance Law, Real Estate Law, and Securitization and Structured Finance Law; "Metropolitan Tier 2" rankings in Commercial Litigation, Litigation-Banking & Finance, and Litigation - Real Estate; and "Metropolitan Tier 3" rankings in Corporate Law and Environmental Law. These rankings were determined through Best Lawyers' overall evaluation, which was derived from a combination of feedback from the Firm's clients, the high regard that attorneys in other firms have for Mandelbaum Salsburg attorneys, and information provided by the Firm to Best Lawyers. Best Lawyers is a widely respected peer-review publication and the oldest in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals alike as a significant honor. If the votes for a firm are positive enough for inclusion in Best Lawyers, that firm must maintain those votes in subsequent polls to remain on the list for each edition. The Firm has received high rankings by Best Lawyers since 2010. In addition, several attorneys in the Firm maintain Best Lawyers' designations for their particular practices and have been so designated for several years....

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July 16, 2018Essex County's Top Lawyers List 2018

We are pleased to announce that seven of our attorneys have been voted by their peers to be included in Morris/Essex Health & Life Magazine's Essex County's Top Lawyers List for 2018. Congratulations to Barry R. Mandelbaum (Real Estate), Robin F. Lewis (Real Estate), Richard Miller (Elder Law), Vincent J. Nuzzi (Criminal Defense), Michael Saffer (Commercial Litigation), Lynne Strober (Family Law), and Doug Eilender (Land Use and Environment)....

8 NovMandelbaum Salsburg Receives High Rankings in Best Law Firms by U.S. News and World Report for 9th Year in a Row

Mandelbaum Salsburg has once again received high rankings in the 2018 edition of U.S. News – Best Lawyers® “Best Law Firms.” The firm received “Metropolitan Tier 1” rankings in Real Estate Law and Securitization and Structured Finance Law; "Metropolitan Tier 2" Rankings in Litigation - Banking & Finance; and “Metropolitan Tier 3” rankings in Commercial Litigation, Banking & Finance Law, Commercial Litigation, Corporate Law, Environmental Law and Litigation - Real Estate....

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12 SepDennis Alessi Interviewed in New Jersey Business September 2017 Issue on "Handling Business Closings and Layoffs"

Dennis J. Alessi, Esq., Member and Co-Chair of the Firm's Employment Law and Healthcare Law Practice Groups was recently interviewed by New Jersey Monthly Magazine for their September 2017 issue on "Handling Business Closings and Layoffs." Read what Dennis had to say on the topic here:

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24 AugDuus Authors Legal Q&A for on Using Environmental Insurance to Close Real Estate Deals

Gordon Duus, Member and Chair of the Firm's Environmental Law Practice Group, recently published a Legal Q&A Two-Part series on entitled "Using Environmental Insurance To Close Real Estate Transactions." Check out Part 1 here and check back tomorrow for Part 2!...

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28 JunJune 2017 Environmental Law Bulletin

The Firm's Environmental Law Group has just issued an Environmental Law Bulletin which discusses easements that allow for publicly funded beach protection projects, which can include public access and use. Written by Member Doug Eilender this timely piece shed's light on the NJDEP’s right to use privately owned properties under a perpetual easement for post-Superstorm Sandy beach restoration projects....

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30 SepSeptember 2016 Environmental Law Bulletin

ENVIRONMENTAL LAW BULLETIN September 30, 2016 MANDATORY CESSATION OF PERC DRY CLEANING EQUIPMENT LOCATED IN BUILDINGS WITH RESIDENTIAL USE BY DECEMBER 21, 2020. By: DOUGLAS I. EILENDER, ESQ. Today, the NJDEP issued a compliance advisory reminding the public about the federal regulation that requires all perchloro-ethylene (“PERC”) dry cleaning equipment...

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15 AprApril 2016 Environmental Law Bulletin

ENVIRONMENTAL LAW BULLETIN APRIL 15, 2016 General partners held individually liable due to failure to perform proper environmental due diligence prior to acquisition of property in New Jersey. By: DOUGLAS I. EILENDER, ESQ. A recent Appellate Division case has confirmed that in order for a party buying property in...

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Recent Blog Posts

July 25, 2019NJ DEP Remediation Annual Fees – The Good and The Bad.

Attorney: Lauren Topelsohn

March 14, 2019The New Jersey Cleanup Deadline Is Fast-Approaching

Attorney: Lauren Topelsohn

February, 8, 2019Environmental Tips From An Environmental Attorney

Attorney: Douglas Eilender

February 4, 2019Court Recognizes "Judicial Estoppel" Defense to Spill Act Contribution Claims

Attorney: Brian Block

17 JanA Tale of Two Tests: Conflict Brewing on Corporate Owner and Officer Personal Liability Under the Spill Act

Like its federal counterpart CERCLA, the New Jersey Spill Compensation and Control Act ("Spill Act") imposes strict liability for environmental cleanup costs. But on whom? The legal test used to answer that question has drastic consequences on the potential personal liability of corporate owners and officers....

Attorney: Brian Block

17 JanNew Jersey Legislature Considers Proposing Environmental Rights Amendment to State Constitution

Attorney: Gordon Duus

17 JanPersonal Liability of Business Executives for the Cost of Environmental Cleanups

Attorney: Gordon Duus