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Environmental Cleanup Cost Reimbursement and Recovery

Environmental Cleanup Cost Reimbursement and Recovery

Recouping Costs Associated with Environmental Investigation, Remediation, Cleanup and Restoration of Contaminated Properties in New Jersey

At Lieberman Blecher & Sinkevich our environmental lawyers and litigators spend substantial time pursuing and defending environmental cleanup cost recovery claims in New Jersey.  The phrase “environmental cleanup cost recovery” refers to the process of recovering the costs associated with performing environmental investigation, remediation and restoration activities at a once-contaminated property or area of concern.  Environmental cleanup cost recovery is also a phrase used to refer to the type of lawsuits that may be filed against parties potentially responsible for the contamination, their successors or insurance carriers, by those persons or organizations who incur environmental cleanup costs in the first instance.

Private Parties that May Potentially Be Responsible for Environmental Cleanup Costs

Environmental cleanup cost recovery actions may be brought against many different stakeholders.  For instance, a property owner may sue a neighboring property owner alleging that the neighbor is either entirely or partially responsible for a discharge or release of hazardous substances or petroleum.  Operators who are not owners may also be pursued to environmental investigation, cleanup and restoration costs if they have caused or contributed to a discharge or release of hazardous substances of petroleum.  In addition, suppliers and transporters of hazardous substances, as well as contractors alleged to have negligently performed their duties, may also become involved in environmental cleanup cost recovery actions.  The environmental attorneys at Lieberman Blecher & Sinkevich have combined decades of experience pursuing and defending against environmental cleanup cost recovery claims.

Environmental Cleanup Cost Recovery Lawsuits Brought by Government Agencies

Of course, private stakeholders are not the only parties that may bring an environmental cleanup cost recovery action.  Under certain circumstances, state and federal agencies may become involved and pursue private owners, operators, suppliers, generators, transporters and arrangers depending on their role in the discharge or release of hazardous substances or petroleum.  Depending on the location of the contaminated property and nature of the discharge or release, the New Jersey Department of Environmental Protection and/or the United States Environmental Protection Agency may file a lawsuit against the private parties that may be potentially responsible for the contamination.

Environmental cleanup actions and cost recovery actions are very intricate and require substantial planning, knowledge and experience.  Whether a client must pursue an environmental cost recovery action or is forced to defend such an action before the courts, the environmental lawyers at Lieberman Blecher & Sinkevich have the ability and resources necessary to achieve lasting results.

Individuals and Businesses in New Jersey Faced With Contaminated Property Issues Need Experienced Environmental Attorneys

New Jersey is historically industrial states, home to many sites where environmental investigation and remediation may be required.  The environmental lawyers at Lieberman Blecher & Sinkevich regularly assist clients by guiding them through the environmental investigation, remediation, and restoration process.  Our environmental lawyers assist clients with insurance claims against insurance companies with comprehensive general liability policies or pollution policies, including pollution prevention policies and transfer or property policies, as well as applications with the various loan and/or grant programs.  In addition, there are brownfields cleanup and other programs aimed at restoring industrial sites.  Assessment and analysis of these and other programs are often party of the solutions that the Lieberman Blecher & Sinkevich team investigates for its clients.

Individuals and businesses with property that has been contaminated with hazardous substances or petroleum require legal representation to understand the regulatory requirements in place and to ensure that their rights are protected.  For example, the new Licensed Site Remediation Professional (LSRP) program in New Jersey has brought with a it a host of new rules and regulations that pertain to the environmental investigation and cleanup process.  Lieberman Blecher & Sinkevich is helping its clients get acclimated to this new program, including by reviewing contract agreements with the LSRP, and overseeing any necessary interface between the LSRP and government regulators.

Funding for Environmental Cleanup Costs in New Jersey

Owners and operators of industrial establishments that have experienced releases or discharges of hazardous substance or petroleum also require funding for environmental cleanup costs.  The environmental lawyers at Lieberman Blecher & Sinkevich are familiar with the various sources of cleanup funding available to address site remediation and restoration in New Jersey.  This includes, but is not limited to, environmental litigation to recover cleanup costs.  Declaratory judgment actions may also be brought against insurance companies who have failed to pay appropriate claims under either comprehensive general liability policies or environmental pollution policies.  Fraud claims may also be appropriate in cases where environmental coverage was necessary but not provided.  Environmental cleanup funding mechanisms at various state and local levels must be explored.   Our team of highly trained and skilled environmental lawyers is adept at helping clients to identify and pursue all available sources of environmental cleanup funding.

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In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

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