Our expertise in contract negotiation, environmental due diligence and protecting clients from statutory and contractual liability has proven to be critical to the success of our clients’ projects.
MSW acts as environmental counsel to developers, landlords, businesses, and financial institutions throughout New Jersey and nationally. The firm’s representation includes transactional and regulatory counseling on complex real estate and corporate transactions, including with respect to brownfield redevelopment sites and properties subject to the Industrial Site Recovery Act (ISRA) and the Spill Act.
Our deep understanding of site remediation, permitting and enforcement complements our laser focus on the business interests of our clients to produce favorable results on both the legal and business issues that arise in environmental matters. The firm prides itself on helping clients identify and leverage a wide array of cost recovery options for environmental remediation, including environmental insurance coverage, financial incentives that provide reimbursement for investigations and cleanup costs, litigation actions and real estate property tax appeals.
REMEDIATION AND REDEVELOPMENT
Developer in connection with purchase, remediation and redevelopment of a former Fortune 500 automobile plant, obtaining a grant of over $25 million to offset client’s cleanup costs.
INDUSTRIAL PROPERTY ENVIRONMENTAL
Seller in connection with negotiation of environmental aspects of sale of multiple former industrial properties in Jersey City, including allocation of risk and cleanup obligations, reliance letter for prior cleanup efforts by others and Pollution Legal Liability insurance policy to cover unknown conditions and third-party liability.
SOIL AND GROUNDWATER CONTAMINATION
Secured coverage under pre-1986 general liability policies for remediation of soil and groundwater contamination at New Jersey sites while identifying off-site sources for portions of commingled plumes.
NJDEP’S HAZARDOUS DISCHARGE SITE REMEDIATION FUND
New Jersey municipality in sale of contaminated property and recovery of cleanup costs under NJDEP’s Hazardous Discharge Site Remediation Fund.
ACQUISITION AND REMEDIATION
Major developer in connection with acquisition and remediation of mixed-use Hudson County redevelopment project, including significant reduction in anticipated cleanup costs and third-party cost recovery.
ISRA AND SPILL ACT
Major investor in the acquisition of a former manufacturing facility in New Jersey, subject to on-going remediation activities under ISRA and the Spill Act.