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At Lieberman & Blecher, 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.
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 have combined decades of experience pursuing and defending against environmental cleanup cost recovery claims.
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 have the ability and resources necessary to achieve lasting results.
New Jersey is historically industrial states, home to many sites where environmental investigation and remediation may be required. The environmental lawyers at Lieberman & Blecher 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 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 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.
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 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.