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Environmental Litigation & Dispute Resolution

For businesses facing the significant costs of environmental investigations and cleanups, or those seeking to hold responsible parties accountable for historical pollution, strategic legal representation is indispensable. Greenbaum’s environmental litigators handle all phases of civil litigation, enforcement and penalty actions and administrative proceedings on environmental issues, practicing in state and federal courts, before administrative agencies and other regulatory bodies, and in dispute resolution such as arbitration and mediation proceedings.

They are deeply experienced in pursuing and defending against claims related to contaminated sites and cleanup cost recovery, litigating issues of site remediation liability and cost recovery under New Jersey and federal statutes and the allocation of responsibility among potentially responsible parties (PRPs). They strategically assess each case, identify all PRPs, evaluate available defenses, and aggressively pursue cost-effective solutions through negotiation, alternative dispute resolution, or courtroom advocacy to protect our clients' financial interests and resolve environmental liabilities.

The firm represents a diverse roster of clients, including property owners, developers, operators and manufacturers, in a broad range of matters. Our environmental litigation profile encompasses New Jersey Spill Act cost recovery litigation, including representing current and former property owners and operators or remediating parties in recouping cleanup costs from prior or current owners, operators or other responsible parties, representing parties accused by the state or private parties of Spill Act or other environmental liability, and litigating contribution actions among multiple responsible parties.

In federal CERCLA (Superfund) litigation, we defend clients against Environmental Protection Agency (EPA) actions and assist private parties in recovering cleanup costs from other PRPs or defending against such claims. We engage in negotiations with state and federal governmental agencies on the scope of cleanups and related costs. 

Beyond statutory claims, we pursue and defend against common law claims related to environmental contamination, including actions associated with nuisance, trespass, strict liability and negligence. We have litigated environmental liability insurance coverage cases and are experienced in asserting claims against insurers and when necessary, pursuing litigation against insurers. We also advise and represent clients in cases involving Natural Resource Damages (NRDs) and in administrative litigation and appeals, including hearings before the Office of Administrative Law.

We deal with state and federal environmental authorities in the process of estimating and resolving environmental liabilities in bankruptcy and other insolvency proceedings. We also act as neutrals in alternate dispute resolution (ADR) proceedings, including acting as arbitrators and as mediators in private mediations as well as those referred to us by state and federal judges.

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