Jay A. Jaffe

Jay assists clients in the evaluation, allocation and avoidance of environmental liabilities in real property purchase and sale agreements, stock or membership interest purchase and sale agreements, and similar business transactions under federal and state environmental laws, including New Jersey’s Industrial Site Recovery Act (ISRA) and Spill Compensation and Control Act (Spill Act), the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Resource Conservation and Recovery Act (RCRA) statutes, Underground Storage Tanks (UST) regulations, and the requirements of New Jersey’s Site Remediation Reform Act and Licensed Site Remediation Professional (LSRP) program.

Highly knowledgeable regarding the acquisition, cleanup and redevelopment of contaminated properties and brownfield sites in New Jersey, Jay coordinates all aspects of compliance with requirements under the state’s Brownfield and Contaminated Site Remediation Act and other statutes. He has extensive experience with retaining and overseeing the services of environmental consultants and engineers to perform pre-acquisition environmental due diligence, including Phase I Environmental Site Assessments, and environmental remediation activities in high-value real estate transactions. He negotiates on behalf of clients with regulatory agencies including the U.S. Environmental Protection Agency (EPA) and the New Jersey Department of Environmental Protection (NJDEP) and advises clients on potential cost recovery options. 

Jay skillfully negotiates the environmental provisions in contracts, leases and loan documents, including purchase and sale agreements, environmental services agreements, as well as access agreements for the performance of environmental investigations and related mitigation and remediation activities. He assists in the pursuit of environmental insurance claims and in coordinating remediation expenses with insurance company representatives. He provides guidance on environmental conditions pertaining to the management of commercial properties, such as asbestos, mold and vapor intrusion. He also provides comprehensive counsel on compliance obligations, including those related to deed notice requirements, the use of institutional and engineering controls, remedial action permits, administrative consent orders (ACO), classification exception area (CEA) designations, and the biennial certification process.

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