Environmental

Environmental compliance is now a major consideration for everyone. The stakes are high. So too are the expectations of the government and the public. From tighter pollution controls to protecting the public against hazards created decades ago, today’s requirements on the local, state and federal levels are extremely complex.

The Environmental Group at Chiesa Shahinian & Giantomasi understands the laws and issues, as well as the importance of addressing them in a client-focused, cost-effective manner. We handle litigation, regulatory and transactional matters for clients ranging from Fortune 100 companies to individual homeowners. The Group is widely regarded as one of the leading such practices in New Jersey and New York, and has earned top honors in both Chambers USA: America's Leading Lawyers for Business and U.S. News/Best Lawyers "Best Law Firm" rankings.

Chiesa Shahinian & Giantomasi environmental attorneys regularly appear before state and federal courts and work before agencies including the U.S. Environmental Protection Agency (EPA), New Jersey Department of Environmental Protection (DEP), New Jersey Office of Administrative Law, New York Department of Environmental Conservation, New York Office of Administrative Hearings, Army Corps of Engineers, Occupational Safety and Health Administration (OSHA), county boards of health and other state and local agencies. Our representations also include court-ordered and private alternative dispute resolution proceedings.

The firm regularly partners with our clients’ business and legal teams to identify gaps, risks and best practices. Drawing on our in-depth experience with and understanding of the government offices, legislators and agencies we interact with regularly, we provide the proactive counsel that is critical to developing effective policies, processes and procedures.

The Environmental Group’s transactional experience allows us to work with clients during the contracting through due diligence stages in order to obtain regulatory approvals and implement remedies. We assist clients in structuring transactions to manage environmental risk at all phases. The firm also handles significant environmental enforcement matters. We maintain a national Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) practice and regularly advise on such projects, as well as those involving Brownfields issues. Based upon our representation, our clients have avoided or minimized significant environmental penalties.

The firm handles a wide range of energy and infrastructure projects. Working closely with our Renewable Energy and Sustainability Group, our environmental attorneys also advise on matters involving climate change as well as a range of promising alternative energy fields, such as solar, geothermal, cogeneration, wind, biofuels and biomass. In addition, we are knowledgeable of the legal issues surrounding the recent surge in hydraulic fracturing (“fracking”) and are well-prepared to assist clients with the unique issues and challenges raised by this practice.

Chiesa Shahinian & Giantomasi attorneys are active, visible members of the environmental law and business communities and enjoy taking on tough cases for our clients. Our knowledge and experience – in and out of the courtroom – have earned the respect of some of the most prominent lawyers, regulators, legislators and consultants in the field.

Our environmental experience includes a wide variety of representations, including matters involving the following:

  • New Jersey Industrial Site Recovery Act (ISRA), Spill Compensation and Control Act (Spill Act), and Site Remediation Reform Act (SRRA)
  • Remediation and redevelopment of Superfund sites and Brownfields properties
  • Multi-party cost recovery litigation under state and federal law, CERCLA
  • Hazardous materials incidents and cleanups
  • Real estate transactions involving properties with environmental issues
  • Environmental due diligence and audits for all types of real estate and corporate transactions in the U.S. and abroad
  • Regulated discharge/emission permits
  • Wetland and stream encroachment issues
  • Coastal development regulations
  • Defense of corporations and executives facing criminal environmental prosecutions
  • Counsel of lending institutions on environmental aspects of commercial transactions
  • Siting, permitting and advice for regulated industries such as solid waste facilities
  • Defending corporations and industries in citizens’ suits
  • Representing public and private interests in environmental project development and financing
  • Natural resources damage claims and settlements
  • Threatened and endangered species
  • Cultural and historic resource
  • Wastewater management planning
  • Highlands permitting
  • Coastal permitting (CAFRA/waterfront development)
  • Governmental affairs/legislative counseling
  • Air pollution control
  • Resource Conservation and Recovery Act (RCRA)
  • OSHA compliance