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Environmental

Our Environmental Law department is vibrant, growing and ideally situated to assist those who buy, sell or conduct business on commercial or industrial property where environmental risks can create significant challenges to business ventures.

Business Lawyers First

We are strategists and tacticians who look at your environmental issues in the context of your business rather than as a singular problem. Where many see roadblocks, we find ways to remove obstacles and keep your business moving forward. We embrace the challenge of finding the smart and cost effective solution that best suits your needs. At times we may even find a way to turn that challenge into an opportunity.

Our team has decades of collective experience practicing environmental law and is adept at navigating regulatory agency and other government body channels.

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The Environmental and Litigation Departments teamed up to secure more than $6 million in environmental cleanup expenses for three clients.  The clients were required to clean up environmental contamination at their properties arising from their prior operation as a chemical manufacturing plant, a truck stop and a foundry.  The Cole Schotz team used a three-prong approach to reduce the clients' liability for the cleanup.  First, Cole Schotz negotiated a guaranteed cleanup cost contract with an environmental consultant to clean up the properties for a sum certain.  Second, using that contract, Cole Schotz assisted the clients with applying for an environmental insurance policy to cover the risk of cost overruns to clean up the known contamination, the cost to clean up newly discovered contamination and liability for third-party lawsuits for property damage and bodily injury.  Once the cost of the cleanup was fixed and the clients protected with insurance, we pursued the prior owners or operators that caused the contamination at the clients' sites as well as the clients' insurers that provided general liability insurance to have them reimburse our client for cleanup costs.  Cole Schotz was able to obtain favorable settlements that helped the clients defray the cost of the cleanup.

Safe Digging Will Not Put You in a Financial Hole

Environmental Law October 23, 2018

Court Un-Laches Backdoor Defense to Spill Act?

Environmental Law October 19, 2016

Don't Let Flood Hazard Standards Jeopardize Your Project

The Chronicle, Southern New Jersey Development Council Summer 2016, Vo. 12

April 2016 Newsletter

Cole Schotz News April 2016

"Better Late Than Never" Doesn't Work for Claims Made Policies

Environmental & Energy Law Monitor February 24, 2016

Environmental Regulations and Small Business - You Might Be Surprised

The Voice, Gloucester County Chamber of Commerce Fall, 2015

Licensed to Fill: NJDEP Makes Virgin Material More Attractive for SRP Sites

Environmental & Energy Law Monitor September, 25, 2015

OSHA Issues Final Rules On Reporting Injuries In The Workplace

Environmental & Energy Law Monitor October 1, 2014

New Jersey Appellate Court Limits Measure of Damages for Contaminated Properties

Environmental & Energy Law Monitor September 18, 2014

The Absolute Pollution Exclusion May Not Be That Absolute

Environmental & Energy Law Monitor August 20, 2014

More Pipeline Development Projects: What America Needs

The Legal Intelligencer, with Michael L. Krancer, Margaret Anne Hill, and Frank L. Tamulonis III June 20, 2014

The New Environmental Due Diligence Standard Saga Continues

Environmental & Energy Law Monitor January 30, 2014

Think Twice Before Throwing Out Those Old Business Records

Environmental & Energy Law Monitor January 6, 2014

Co-Insurer's Contribution Claim for Defense Costs Upheld by New Jersey Supreme Court

Environmental & Energy Law Monitor October 23rd, 2013

Six-Year Statute Of Limitations Applies To Spill Act Contribution Claims

Environmental & Energy Law Monitor August 27, 2013

Companies May Be Liable For Contaminated Property They Do Not Own Under CERCLA

Environmental & Energy Law Monitor June 18th, 2013

Shale Gas Leasing - Achieving Clarity, Transparency and Conservation: Recent Actions of the Pennsylvania Supreme Court and Legislature

Pennsylvania Bar Association Quarterly with Michael L. Krancer, Margaret A. Hill, Timothy M. Ellis, and Dayna C. Finkelstein July, 2013

Shale Development and Fracking Litigation Trends

The Legal Intelligencer with Margaret Anne Hill and Mary Ann Mullaney July 31, 2012

Supreme Court Issues Stunning Rebuke to EPA Enforcement Practice

Mondaq with Kevin J. Bruno, Margaret A. Hill, and Benjamin G. Stonelake April 12, 2012

"Watershed Date for N.J. Site Remediation: May 7, 2012"

New Jersey Law Journal February 27, 2012

Be Aware of Your Consultant's Liability Limit

New Jersey Law Journal November 28, 2011

Richard Ericsson was quoted in, "Cole Schotz Adds New Enviro Practice Head"

Law 360 October 11, 2011

NJ Acts to Reduce Nutrient Pollutant in Barnegat Bay

New Jersey Law Journal February 28, 2011

Incentives Drive Expanded Use of Solar Energy in New Jersey

New Jersey Law Journal December 13, 2010

Hear Me Now

New Jersey Law Journal The availability of hearings before the NJDEP or the courts November 24, 2008

Establishing a Compensable Taking Under the Highlands Act

New Jersey Law Journal February 25, 2008

New Challenges for Developers

New Jersey Law Journal June 4, 2007

Defining the Scope of Wetlands Regulation

New Jersey Law Journal September 4, 2006

Weaving Straw into Gold

New Jersey Law Journal Reconstructing insurance coverage, while difficult, can be invaluable June 26, 2006

The Impact of NJDEP's Vapor Intrusion Guidance

New Jersey Law Journal Vapor intrusion issues factor into any environmental due diligence, investigation, remediation or development February 6, 2006

Ruling Makes It Harder to Recoup Cleanup Cost

New Jersey Lawyer CERCLA contribution at issue March 21, 2005

Prepare for Even Slower NJDEP Permitting

New Jersey Law Journal Notwithstanding the new 'Fast Track' law, permitting decisions may not be so fast in the future February 7, 2005

New Piece Added to Insurance Recovery Puzzle

New Jersey Law Journal Deductibles for all accessed policies must be satisfied before the insurer is required to make any payments July 12, 2004

How To Navigate OSHA's Safe Harbor

New Jersey Law Journal A new policy helps employers around the shoals of voluntary safety and health audits - but it's not all clear sailing October 2, 2000

Court Invalidates NJDEP Cleanup Rule For De Minimus Quantity Exemptions

Environmental & Energy Law Monitor July 13, 2012

Court Un-Laches Backdoor Defense to Spill Act?

Environmental Law October 19, 2016

Don't Let Flood Hazard Standards Jeopardize Your Project

The Chronicle, Southern New Jersey Development Council Summer 2016, Vo. 12

April 2016 Newsletter

Cole Schotz News April 2016

"Better Late Than Never" Doesn't Work for Claims Made Policies

Environmental & Energy Law Monitor February 24, 2016

Environmental Regulations and Small Business - You Might Be Surprised

The Voice, Gloucester County Chamber of Commerce Fall, 2015

Licensed to Fill: NJDEP Makes Virgin Material More Attractive for SRP Sites

Environmental & Energy Law Monitor September, 25, 2015

OSHA Issues Final Rules On Reporting Injuries In The Workplace

Environmental & Energy Law Monitor October 1, 2014

New Jersey Appellate Court Limits Measure of Damages for Contaminated Properties

Environmental & Energy Law Monitor September 18, 2014

The Absolute Pollution Exclusion May Not Be That Absolute

Environmental & Energy Law Monitor August 20, 2014

More Pipeline Development Projects: What America Needs

The Legal Intelligencer, with Michael L. Krancer, Margaret Anne Hill, and Frank L. Tamulonis III June 20, 2014

The New Environmental Due Diligence Standard Saga Continues

Environmental & Energy Law Monitor January 30, 2014

Think Twice Before Throwing Out Those Old Business Records

Environmental & Energy Law Monitor January 6, 2014

Co-Insurer's Contribution Claim for Defense Costs Upheld by New Jersey Supreme Court

Environmental & Energy Law Monitor October 23rd, 2013

Six-Year Statute Of Limitations Applies To Spill Act Contribution Claims

Environmental & Energy Law Monitor August 27, 2013

Companies May Be Liable For Contaminated Property They Do Not Own Under CERCLA

Environmental & Energy Law Monitor June 18th, 2013

Shale Gas Leasing - Achieving Clarity, Transparency and Conservation: Recent Actions of the Pennsylvania Supreme Court and Legislature

Pennsylvania Bar Association Quarterly with Michael L. Krancer, Margaret A. Hill, Timothy M. Ellis, and Dayna C. Finkelstein July, 2013

Shale Development and Fracking Litigation Trends

The Legal Intelligencer with Margaret Anne Hill and Mary Ann Mullaney July 31, 2012

Supreme Court Issues Stunning Rebuke to EPA Enforcement Practice

Mondaq with Kevin J. Bruno, Margaret A. Hill, and Benjamin G. Stonelake April 12, 2012

"Watershed Date for N.J. Site Remediation: May 7, 2012"

New Jersey Law Journal February 27, 2012

Be Aware of Your Consultant's Liability Limit

New Jersey Law Journal November 28, 2011

Richard Ericsson was quoted in, "Cole Schotz Adds New Enviro Practice Head"

Law 360 October 11, 2011

NJ Acts to Reduce Nutrient Pollutant in Barnegat Bay

New Jersey Law Journal February 28, 2011

Incentives Drive Expanded Use of Solar Energy in New Jersey

New Jersey Law Journal December 13, 2010

Hear Me Now

New Jersey Law Journal The availability of hearings before the NJDEP or the courts November 24, 2008

Establishing a Compensable Taking Under the Highlands Act

New Jersey Law Journal February 25, 2008

New Challenges for Developers

New Jersey Law Journal June 4, 2007

Defining the Scope of Wetlands Regulation

New Jersey Law Journal September 4, 2006

Weaving Straw into Gold

New Jersey Law Journal Reconstructing insurance coverage, while difficult, can be invaluable June 26, 2006

The Impact of NJDEP's Vapor Intrusion Guidance

New Jersey Law Journal Vapor intrusion issues factor into any environmental due diligence, investigation, remediation or development February 6, 2006

Ruling Makes It Harder to Recoup Cleanup Cost

New Jersey Lawyer CERCLA contribution at issue March 21, 2005

Prepare for Even Slower NJDEP Permitting

New Jersey Law Journal Notwithstanding the new 'Fast Track' law, permitting decisions may not be so fast in the future February 7, 2005

New Piece Added to Insurance Recovery Puzzle

New Jersey Law Journal Deductibles for all accessed policies must be satisfied before the insurer is required to make any payments July 12, 2004

How To Navigate OSHA's Safe Harbor

New Jersey Law Journal A new policy helps employers around the shoals of voluntary safety and health audits - but it's not all clear sailing October 2, 2000

Court Invalidates NJDEP Cleanup Rule For De Minimus Quantity Exemptions

Environmental & Energy Law Monitor July 13, 2012

 

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