The CSG Law Environmental Group understands the laws and issues, as well as the importance of addressing them in a client-focused, cost-effective manner. Handling litigation, regulatory and transactional matters for clients ranging from Fortune 100 companies to individual homeowners, the firm routinely partners with management and legal teams to identify gaps, risks and best practices. Our representation also includes court-ordered and private alternative dispute resolution proceedings.
Our attorneys are active, visible members of the environmental law and business communities, and enjoy taking on tough cases. 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. Drawing from our deep understanding of the government offices, legislators and agencies we interact with, we provide strategic, proactive counsel critical to developing effective policies, processes and procedures.
We 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 Jersey Board of Public Utilities, New York Department of Environmental Conservation, New York Office of Administrative Hearings, Army Corps of Engineers, Occupational Safety and Health Administration (OSHA) and County Boards of Health.
Energy & Utilities
As energy sources continue to rapidly evolve, at least one thing has remained constant: the value of legal counsel with a deep understanding of the regulatory and economic dynamics at play across the sector. For those operating in energy and utilities, a holistic view of the market is critical – and CSG Law delivers.
From securing environmental permits for the development of electric generation stations to shepherding alternative energy business ventures, the CSG Law Energy & Utilities attorneys help manage a wide range of energy and infrastructure projects. As energy policy shifts rapidly towards renewable and sustainable energy as a result of concerns about the impacts of climate change, CSG Law attorneys are uniquely qualified to navigate the permitting and policy process for these technologies, yet continue to work in the area of traditional areas of energy generation, transmission and distribution.
The Group routinely helps clients navigate the permitting and siting processes for the development and operation of natural gas transmission pipelines, electricity transmission lines, combined cycle natural gas EGUs and solar facilities. We are also involved in significant national and state permits – and their ensuing litigation – in connection with major policy decisions, including the regulation of water intake structures under Section 316(b) of the Clean Water Act.
As energy policy shifts towards the continued reduction of greenhouse gases and other emissions, as well as cleaner and sustainable technologies, we advise on policy and projects involving a range of promising alternative energy sources such as solar, geothermal, cogeneration, wind, biofuels and biomass. Further, alongside consultants, we deliver strategic counsel on various aspects of energy management – including energy efficiency analyses, energy master planning and procurement of energy and green energy sources. 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 the practice.
Responding to environmental enforcement action brought by federal, state or local regulatory agencies can be a perilous undertaking. In these instances, companies seeking sophisticated defense, deep technical knowledge and vigorous advocacy turn to CSG Law. We have extensive experience handling significant environmental enforcement matters before the New Jersey Department of Environmental Protection (NJDEP), the Army Corps of Engineers, the United States Environmental Protection Agency, municipal land use boards and federal and state courts.
Our environmental enforcement practice covers cost recovery actions; natural resource damage claims; civil and criminal enforcement actions resulting from discharges or permit violations; Site Remediation Reform Act (SRRA) and Industrial Site Recovery Act (ISRA) matters and the oversight of investigations and cleanups pursuant to the NJDEP Technical Requirements for Site Remediation.
Additionally, 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 on our representation, clients have avoided or minimized significant environmental penalties.
Environmental Insurance Coverage
Environmental claims can expose companies to millions in losses. However, when paired with legal counsel adept at effectively navigating the environmental claims process, a prudently negotiated insurance policy can play a critical role in protecting against the increasingly expensive costs of defending against, and settling, those claims.
The CSG Law environmental attorneys have extensive experience helping both individual and corporate policyholder clients manage the end-to-end insurance process – from initially evaluating and securing a comprehensive policy to the negotiation and settlement of claims for investigate and remedial activity.
Clients turn to us for innovative solutions and strategic counsel on matters involving procurement and evaluation of environmental insurance products; negotiation of policy terms; investigation, analysis and negotiation of coverage on historical insurance policies; site remediation and other cleanup cost overruns; coverage disputes and settlements; sale and redevelopment of contaminated properties and Brownfields; insurance due diligence and environmental risk allocation.
A matrix of complex regulations and increased public and governmental scrutiny expose even the most well-intentioned organizations to environmental disputes. This complex area of law demands equally sophisticated representation, and CSG Law stands ready to assist.
Regularly recognized in Chambers USA and The Best Lawyers in America®, our nationally acclaimed team of environmental litigators brings extensive experience representing clients faced with administrative, civil and criminal enforcement actions.
Members of the group regularly appear before 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 CSG Law Environmental Group helps clients efficiently manage disputes and litigation risk related to civil and criminal enforcement actions resulting from discharges or permit violations; the Clean Air Act, Water Pollution Control, RCRA and other complicated regulatory processes; cost recovery actions; environmental permitting; groundwater and soil contamination; landfill closure and remediation; natural resource damage claims; operation of resource recovery and manufacturing facilities and redevelopment and Brownfield sites.
Environmental Regulatory Compliance & Counseling
Administrative changes, whether at the federal, state or local levels, bring with them shifting environmental priorities and policies. Given this rapid pace of consequential change, companies are wise to seek advisors with a finger on the pulse of the latest regulatory developments, as well as a keen ability to evaluate how these changes may affect them.
The experience brought to bear by the CSG Law Environmental Group – coupled with its insightful navigation of the public and private sectors – affords clients a powerful ally in minimizing risk exposure and achieving top-line business objectives. Clients turn to us for help anticipating regulatory trends involving a range of federal and state environmental laws, including Brownfields and Contaminated Site Remediation Act; Clean Air Act (CAA); Clean Water Act (CWA); Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); federal and state public waters and wetlands laws; Hazardous Discharge Site Remediation Act (HDSRA); Industrial Site Recovery Act (ISRA); Occupational Safety and Health Act (OSHA); Resource Conservation and Recovery Act (RCRA) and Site Remediation Reform Act (SRRA).
The Group’s attorneys are highly engaged in the regulatory policy process and have been instrumental in the development and adoption of numerous changes in environmental legislation over the past decades – including the New Jersey Brownfields and Contaminated Site Remediation Act in 1998, the Electric Discount and Energy Competition Act in 1999 and the Site Remediation Reform Act in 2009.
When it comes to the sale and purchase of real property, very little can sour a deal more quickly than an overlooked environmental risk factor. On the other hand, comprehensive environmental due diligence executed by a team that includes seasoned engineers-turned-attorneys can greatly facilitate a successful transaction and demonstrate good faith.
Comprised of attorneys ranging from former environmental engineers and geologists to nationally respected environmental law veterans, the CSG Law Environmental Group is a valuable resource to buyers, sellers and lenders engaged in property deals. Our transactional experience allows us to work closely with clients during the contracting through due diligence stages to obtain regulatory approvals and implement remedies.
We assist in structuring transactions to managing environmental risk at all phases, and provide support on matters involving acquisition, remediation and redevelopment of Brownfield properties; coordination with development teams and ancillary service providers; disclosure laws and obligations; environmental due diligence; environmental insurance; Phase I and Phase II Environmental Assessments; review and negotiation of consulting agreements; regulatory compliance and Site Remediation Reform Act (SRRA) and Industrial Site Recovery Act (ISRA).
Occupational Safety & Health Compliance
In today’s environment of heightened regulatory scrutiny on workplace policies, it is critical that employers work closely with counsel to devise legal strategies that strike an appropriate balance between employee well-being and commercial interests.
A hybrid of our nationally recognized Environmental and Employment practices, the CSG Law Occupational Safety & Health Compliance Team is a powerful ally to employers operating in safety and health-sensitive sectors. We regularly advise and represent companies in the oil and gas, energy and chemical industries on environmental incidents and health and safety matters.
Whether your company is taking a proactive approach to workplace safety or reacting to a regulator-driven investigation, our attorneys provide a full range of legal services to support you, including OSHA citations and issue resolution negotiations; OSHA compliance counseling; OSHA investigation and enforcement defense; workplace emergency response; workplace incident investigations; workplace tort defense and workplace violence.
The CSG Law Environmental Group has worked with clients on numerous important matters, including:
- Represented Hartz Mountain Industries, Inc. in connection with obtaining permits from the New Jersey Department of Environmental Protection for the construction of high-rise buildings along the Hudson River in Weehawken, NJ
- Represented CenterPoint Properties in the negotiation of environmental provisions of the purchase agreement, due diligence and environmental insurance for a $21.8M commercial property acquisition in Carlstadt, NJ
- Representing residential and commercial developers in lawsuits against the United States pending in US Court of Federal Claims and United States District Court arising from the government’s sale of the former Raritan Arsenal with buried unexploded ordnance and hazardous substances
- Defending residential developers sued by current homeowners due to the discovery of historic pesticides resulting from the prior agricultural use of the property
- Appointed and served as liaison counsel to a group of generator defendants in the Pennsauken Landfill litigation. In this capacity, our attorneys were responsible for receiving and distributing daily correspondence and representing the positions of the various group members before the Court, Special Master and other liaison counsel.
- Representing numerous parties in the “Tierra Litigation” involving cost recovery litigation by the State of New Jersey against pesticide manufactures that disposed of their dioxin wastes directly to the Passaic River. The State seeks past and future investigation and remediation costs, plus Natural Resource Damage assessment costs, involving the Passaic River, the Newark Bay, parts of the Hackensack River, Kill Van Kull and Arthur Kill.
- In connection with an EPA contention that a witness identified a client’s facility as having sent hazardous materials to a site, conducted and presented factual research to the EPA proving the witness had mistaken another facility as being a facility owned or operated by our client
- In connection with a multi-party Superfund site litigation, represented a client through an intensive discovery and ADR process that resulted in a settlement favorable to the client, taking a leading role at all stages of the litigation, ADR and final settlement among the numerous PRPs
- Negotiated with the private party plaintiffs in a CERCLA action, resulting in a favorable settlement for our client in a case days away from trial
- Representing a manufacturer in the Shpack Landfill Superfund Site involving hazardous substances investigation and remediation overseen by the US EPA and radioactive materials being primarily managed by the US Army Corps of Engineers pursuant to the FUSRAP program
- Represented multiple owners and operators of a steel rolling mill in a litigation brought by the State of New Jersey to recover response costs related to alleged VOC contamination of a public supply well near the site. The matter was settled prior to trial.
- Played a leading role in the mediation of a remediation case stayed pending mediation, resulting in a favorable settlement for our client
- Defended client in response to various odor complaints from neighbors and regulatory agencies, ultimately obtaining withdrawal of odor claims
- Representing a petroleum company in connection with a substantial oil spill. We negotiated the settlement of all claims and resolved related criminal investigation all on favorable terms.
- Representing a liquid bulk terminal company on all environmental matters, including remediation, permitting, auditing, self-disclosure and CERCLA matters in multiple states
- Assisting a client in obtaining regulatory approvals for construction of a power line
- Assisted client in obtaining a favorable settlement in a significant natural resource damages (NRD) matter involving two sites and adjacent waterbodies
- Representing client in cleanup cost recovery cases in New Jersey, New York, Illinois, Ohio, Texas, Louisiana, California, Rhode Island, Indiana, Missouri, Colorado, Massachusetts and Florida
*Results may vary depending on your particular facts and legal circumstances.