Manko, Gold, Katcher, Fox LLP An Environmental and Energy Law Practice
 
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Site Remediation

The cleanup of contamination can encompass projects ranging from a minor spill that can be addressed in a matter of minutes to a complex, years-long, multi-party investigation and remediation of soil and groundwater contamination and restoration of damaged natural resources. Remediation is also a key element of redeveloping contaminated "brownfield" properties as urban areas (and, increasingly, older suburbs) struggle to return abandoned and underutilized former industrial sites to productive reuse.

MGKF lawyers, with the assistance of our in-house technical consultants, have experience in the myriad site remediation issues that these projects present. We guide our clients through applicable notice, investigation, cleanup, and post-cleanup requirements, helping them tailor a remedial strategy appropriate to the circumstances under both federal and state laws while remaining consistent with business objectives. The following is a very brief summary of our site remediation practice, more details of which may be found by following the links below or in the left column of this page:
  • Federal Cleanup Programs: Under federal law, remediation and associated litigation is addressed primarily under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA" or "Superfund"), the various corrective action requirements of the Resource Conservation and Recovery Act ("RCRA"), and the polychlorinated biphenyl ("PCB") cleanup regulations promulgated under the Toxic Substances Control Act ("TSCA"). We also have experience with the specialized remediation requirements of the Base Realignment and Closure Act ("BRAC"). All of these federal cleanup programs may also come into play in redeveloping brownfields.
  • State Cleanup Programs: Most states have cleanup programs that parallel federal law, but are often tailored toward parties who wish to remediate property on a voluntary basis without the need for state enforcement or cost recovery litigation. These state voluntary cleanup programs, frequently used by brownfield redevelopers, commonly specify contaminated site investigation procedures, soil and groundwater cleanup standards, and criteria for permanent remedies and the use of engineering and institutional controls. States also have special requirements to address the remediation of underground storage tank ("UST") releases regulated under the federal RCRA UST program and analogous state authorities. Further, some states, such as New Jersey, have cleanup requirements triggered when property is transferred or industrial establishments cease operations.
In addition to counseling clients on the regulatory aspects of remediation programs, we also provide legal counsel on related issues that often come into play during site cleanups:
  • Environmental Insurance: Environmental insurance may be a useful tool in managing risks associated with both historic contamination and releases from current operations. It also can provide a hedge against unforeseen cost increases in performing a remediation. Moreover, lenders frequently require environmental insurance at brownfield sites as a condition to financing, and local governments may require it in connection with large-scale municipal redevelopment projects. We help clients secure these policies in coordination with insurance brokers, and assist in negotiating policy terms.
  • Public Funding: Particularly where remediation is necessary at large-scale redevelopment projects promoted by local officials, securing public funding may be a critical element of project feasibility. We have experience assisting clients to secure grants, low-interest loans, and other financial assistance from both federal and state sources to help underwrite site investigation, cleanup, and related development activities. Funding may also be available for underground tank cleanups under state financial assurance and grant programs.
  • Cost Recovery: Where other recalcitrant parties bear all or part of the responsibility for remediation, we assist our clients in litigating claims against these parties for cost recovery or injunctive relief.
Contacts
Marc E. Gold
Bruce S. Katcher
Michael M. Meloy
Robert D. Fox
Jill Hyman Kaplan
Jonathan E. Rinde
Brenda H. Gotanda, LEED AP
Jonathan H. Spergel
Rodd W. Bender
Todd D. Kantorczyk
Michael C. Gross
Brett E. Slensky
Matthew C. Sullivan
Bryan P. Franey
Darryl D. Borrelli
Michael C. Nines, P.E., LEED AP

News
Deadline Draws Near to Update NJ Site Remediation Program Public Notifications
EPA Elevates Significance of Vapor Intrusion at Contaminated Sites: Comment Period on New EPA Guidance Now Open
Important Amendments to Act 2 Regulations Go into Effect -- Changes May Impact Your Cleanup
NJDEP Proposes Regulatory Fix to Impending Remediation Deadlines and Overly Conservative "IEC" Definitions
New EPA Brownfield Grant Funding Available for Environmental Assessment and Cleanup
Permit Extension Act Breathes New Life Into Pennsylvania Environmental Approvals
Update on Available Energy and Environmental Public Funding Opportunities

Events
Environmental Concerns with Secured Collateral
Taking the Mystery Out of Opting-In to NJDEP's LSRP Program - Edison, NJ
Taking the Mystery Out of Opting-In to NJDEP's LSRP Program - Cherry Hill, NJ
Environmental Claims Crash Course Audiocast
Don't Brush Off the New Lead Paint Rules - Cherry Hill, NJ

MGKF In The News
Brownfields EPA Region III Open House Co-Sponsored by Manko, Gold, Katcher & Fox, LLP With Distinguished Panelists: Shawn Garvin, Greg Rogerson and Michael Gross
Brownfields Stakeholders Event Hosted by Manko, Gold, Katcher & Fox, LLP With Distinguished Panelists
Manko, Gold, Katcher & Fox, LLP - Local Leaders in Brownfields - Provides Speakers and Sponsorship at the Brownfields 2011 Conference in Philadelphia
NJDEP Commissioner Bob Martin Outlines Environmental Policy's Impact on the Business Community - Wednesday, March 30, 2011 - Sponsored in part by Manko, Gold, Katcher & Fox, LLP
Manko, Gold, Katcher & Fox and ALC Environmental Hosted a Special Program Discussing the New Lead Paint EPA Regulations Thursday, September 16, 2010
The Best Lawyers in America® 2011 Recognizes More than Half of the Partners of Manko, Gold, Katcher & Fox, LLP - Firm Receives Metropolitan First-Tier Ranking
Manko, Gold, Katcher & Fox and ALC Environmental Host a Special Program to Discuss EPA Regulations

Publications
ASTM's New Continuing Obligations Standard: Helpful Guidance for Parties Seeking to Establish Defenses to CERCLA Liability
Top Ten Questions to Answer in Considering Renewable Energy at Contaminated Sites
Brightening Up Environmentally Impaired Properties with Solar
2011 Regulatory Guidance and Policy Initiatives Expected to be a Positive Impact on Development - New Jersey LSRP and Site Redediation Reform
Cleanup and Protection of Our Nations Waterways Through Regulation and Enforcement will Continue to be a Priority in 2011 - The Specter of Sediments
30 Years Later, CERCLA Remains a Hot Topic in the Courts

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