David C. Scott

Clients rely on David’s ability to navigate the compliance requirements associated with a broad range of federal and state environmental statutes, including the New Jersey Spill Compensation and Control Act (Spill Act) and the Industrial Site Recovery Act (ISRA), as well as the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). His experience also encompasses the analysis and management of environmental, health and safety (EHS) risks, and the oversight of environmental compliance audits, and responses to government inspections, inquiries, and enforcement actions.

David guides clients through all phases of environmental permitting and the coordination of remedial activities in connection with redevelopment activities including obtaining access to off-site properties to conduct environmental delineation and remediation. His work in this area encompasses obtaining required approvals, modifications and renewals of Remedial Action Permits, New Jersey Pollutant Discharge Elimination System Permits, Coastal Area Facility Review Act Permits, Coastal and Freshwater Wetlands Permits, and the reporting and permitting requirements related to the operation and closure of underground storage tanks.

He is deeply involved in the representation of private equity firms, manufacturers, retailers, lenders, and developers in mergers, acquisitions, divestitures, and the purchase and sale of commercial and industrial real estate properties. This experience includes brownfield redevelopment projects and transactions at former industrial and commercial facilities, gas stations and other contaminated properties. David plays a key role in pre-acquisition environmental due diligence, the negotiation of environmental provisions in purchase and sale, stock purchase, access, and environmental indemnity agreements, and evaluating the viability of each redevelopment project. David also provides guidance related to the unique environmental compliance aspects of these transactions, including reporting obligations and analyzing remedial options.

Having developed strong relationships with the New Jersey environmental regulatory community, David frequently interacts with the New Jersey Department of Environmental Protection and Licensed Site Remediation Professionals (LSRPs) to ensure that the firm’s clients are properly and efficiently conducting the remediation of contaminated sites in compliance with applicable environmental laws and regulations. He regularly tracks market trends, emerging issues, and regulatory activity including proposed legislation and regulations that are likely to impact his clients. 

Results may vary depending on your particular facts and legal circumstances.