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MARC has the resources, demonstrated experience, and expertise to manage any environmental challenge confronting our clients. Our attorneys have the knowledge and skill to negotiate wise solutions to complex environmental issues and in the event that litigation is necessary, the tenacity to aggressively represent our clients’ interests. Whether the solution takes intense analysis of the facts of the case as they relate to prevailing environmental statutes, or assistance and advice in working with communities or regulatory agencies, our lawyers have demonstrated results.
The Environmental Law attorneys at our firm are proven, reliable and responsive outside counsel for major Fortune 500 companies. Due to the nature of their businesses, our clients are often affected by Federal and State environmental laws and regulations related to properties with environmental impacts from contamination by hazardous substances.
When confronted with addressing environmental impacts, our clients rely on MARC to develop cost-effective strategies to address those impacts and to navigate the complexities of environmental laws and regulations. Our attorneys have addressed situations such as the management of the investigation and remediation of contaminated properties, the pursuit of potentially responsible parties, including the negotiation of complex cost-sharing and indemnification agreements, the sale and purchase of contaminated properties, the attainment of new and/or the evaluation of existing environmental insurance coverage, the negotiation of access to private and public properties to conduct environmental investigations and remediation, the facilitation of compliance with various Federal, State and local environmental laws and regulations, and the attainment of site closure from applicable governmental entities.
Environmental Law Compliance
When our clients are confronted with requirements or enforcement of Federal, State and local environmental laws, our experienced attorneys develop, implement, and manage cost-effective solutions to meet our clients’ needs, while also achieving compliance with applicable laws. In the area of environmental law compliance, we represent clients and advise them on issues such as:
- Compliance with various and even competing Federal, State and local environmental laws and regulations
- Management of environmental investigation and remediation of soil, soil vapor and groundwater contamination
- Negotiation of Consent Orders, Consent Decrees and Stipulations with applicable governmental agencies and entities
- The purchase and sale of contaminated properties, including the associated requisite compliance with various regulations such as ISRA (Industrial Site Recovery Act)
- The transfer or assignment of remediation responsibility including negotiation of global settlement agreements
- Due diligence regarding environmental issues in commercial real estate transactions
- Assistance with voluntary environmental compliance programs
- Attainment of successful entry into and participation in the Brownfield Cleanup Program
- Negotiation with the United States Department of Environmental Protection, NJDEP, NYSDEC and other Federal and State regulatory agencies and entities with respect to a multitude of environmental issues/claims
Environmental Litigation:
When our clients are faced with an environmental claim, such as a lawsuit or government enforcement action, MARC develops and implements cost-effective and efficient resolutions. In the event that litigation is necessary, MARC is experienced in Federal and State Courts, allowing for the aggressive representation of our clients’ interests. At every step, from the initial investigation, to discovery, depositions, experts, motion practice, trial and the appeals process, MARC utilizes their problem-solving acuity with the diligence and responsiveness clients expect from a firm known for its excellence and sophisticated efficiency, a reputation proven by long-term clients, including some of the most respected and successful companies in the energy and pharmaceutical industries.
MARC represents its clients in litigations involving:
- The apportionment of responsibility and cost accountability in large environmental clean-ups
- The New Jersey Spill Act
- The New York Navigation Law
- Resource Conservation and Recovery Act (RCRA)
- The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund)
- Brownfield redevelopment and site remediation issues
- Public and private party claims demanding the reimbursement of environmental costs related to property contamination
- Investigation and litigation in cases involving the EPA’s Superfund program, Spill Act, and discharge or clean-up of hazardous substances
- Representation regarding Environmental Insurance coverage issues
Examples of celebrated successes, proven results and world class achievements of MARC in the area of Environmental Law include:
- MARC chosen to represent its Fortune 20 client in its divestment of over 200 retail service stations in the State of New York, such representation which includes the preparation of the Purchase and Sale Agreement, negotiations with interested purchasers, communications and any ensuing negotiations with involved governmental entities, and facilitation of compliance with applicable Federal, State, and local environmental law.
- MARC named as common counsel to a large group of Potentially Responsible Parties (PRPs) involved in the investigation and remediation of a nationally-recognized Superfund Site, such representation which includes negotiations with State and Federal governmental entities and other PRPs.
- MARC selected as outside counsel to a Fortune 20 client in its decades-long investigation and remediation of one of the nation’s largest oil spills.
- MARC designated to act as regional, outside counsel to two, well-respected corporations in the energy industry, representing these clients in a variety of tort matters and the attainment of access to hundreds of sites in aid of its clients’ environmental investigative and remedial efforts.
- MARC successfully negotiated the sale of a petroleum company's environmental remediation responsibilities and legal obligations to the current owner of a contaminated property under Massachusetts law and pursuant to MADEP regulations, including the attainment of indemnification obligations and guarantees protecting the petroleum company.
- MARC chosen to represent client in sale of 57 acre property which formally housed commercial, industrial operations which significantly impacted the involved land, including the formulation of the marketing strategy, preparation of sale documents, transfer of Brownfield status and the attainment of favorable, contractual protections.
- MARC assisted a large corporate client in the successful negotiation with governmental entities and eventual entry and execution of various Consent Orders, Consent Decrees, and Stipulations providing for client’s investigation and remediation of contamination and resolution of liability associated with a variety of properties, including, former terminals, plants, refineries, and retail locations.
- MARC successfully represented client in a multi-million dollar mediation resolving allocation of environmental response costs among two of the most prominent companies in the energy industry.
- MARC chosen to represent its Fortune 20 client in a New York Navigation Law litigation brought by the State of New York alleging a multi-million dollar claim for investigation and remediation costs for a petroleum contaminant plume stretching almost one mile long.
- MARC successfully prosecuted a cost-recovery action in the New Jersey Meadowlands for a national developer.
- MARC successfully represented major oil company in condemnation/cost recovery action brought by the State of New York.
- MARC chosen as coordinated counsel for major companies regarding cost-recovery and enforcement action.
- MARC selected to represent a group of PRPs that have contractually agreed to remediate a property in compliance with NJDEP directives, in its pursuit of a defaulting member and it enforcement of the agreement.
- MARC successfully negotiated the sale of contaminated property to a major Northeast municipality with the assignment of all remediation responsibilities to the municipality and indemnification rights from the municipality under Connecticut law and pursuant to CTDEP regulations.
For additional information, please contact
John McCusker or
Alice Shanahan.
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