Environmental Compliance and Litigation

MARC runs a preeminent practice with the resources to manage any environmental challenge confronting our clients, from Fortune 500 corporations to small companies.

We negotiate wise solutions to complicated issues and, if necessary, aggressively pursue litigation. Whether the solution requires intense analysis of the facts as they relate to statutes, or expertise in working with consultants and regulatory agencies, we have demonstrated results. We are well-versed in the spectrum of environmental regulation-from hazardous waste to air and water quality.

Our clients rely on us to develop cost-effective strategies and navigate the complexities of environmental laws and regulations.

In addition, we are regional counsel to a major petroleum company, managing claims litigation and related issues over releases from underground storage tanks and other sources.

And we lead teams of professionals-including hydrogeologists, chemists, consultants, engineers and geologists, among others-to develop the best case.

Clients also turn to us to handle the legal dimensions of a corporate crisis, such as response and investigation, as well as representation in related enforcement actions, litigation and settlements.

Environmental Compliance

When our clients are faced with requirements or enforcement of federal, state and local laws, we develop, implement and manage solutions.

Our practice includes:

  • Advice on compliance with competing federal, state and local environmental laws and regulations, including the Clean Water Act (CWA), Clean Air Act (CAA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and New York Navigation Law violation notices
  • Guidance on environmental permitting for facility operation
  • Guidance on environmental, health and safety audits
  • Advice on contracts, settlements and accompanying documents
  • Assistance with voluntary environmental compliance programs
  • Attainment of successful entry into/participation in the Brownfield Cleanup Program
  • Due diligence on environmental issues in commercial real estate transactions
  • Management of environmental investigation and remediation of soil, soil vapor and groundwater contamination
  • Negotiations with the U.S. Environmental Protection Agency, New Jersey Department of Environmental Protection, New York State Department of Environmental Conservation, and other federal and state regulatory agencies
  • Purchase/sale of contaminated properties, including compliance with regulations, such as under the Industrial Site Recovery Act (ISRA)
  • Transfer or assignment of remediation responsibility, including negotiation of global settlements

Environmental Litigation

At every step, from initial investigation to discovery, depositions, experts, motion practice, trial and appeals, we exercise the diligence and responsiveness clients expect from a firm known for its excellence and sophistication.

Our practice includes:

  • Apportionment of responsibility and cost accountability in large cleanups
  • Brownfield redevelopment and site-remediation issues
  • Comprehensive Environmental Response, Compensation and Liability Act (CERCLA/Superfund) matters
  • Environmental insurance coverage
  • U.S. Environmental Protection Agency Superfund program and hazardous-substance discharge/cleanup matters
  • New Jersey Spill Compensation and Control Act matters
  • New York Navigation Law matters
  • Public and private-party claims for reimbursement of environmental costs related to property contamination
  • Resource Conservation and Recovery Act (RCRA) and Clean Water Act (CWA) matters
  • Environmental Conservation Law (ECL) matters

Our recent engagements include:

  • Being chosen to represent a Fortune 20 client in its divestment of more than 200 retail service stations in New York State. This includes preparation of purchase/sale agreements, negotiations with interested purchasers, communications and any ensuing negotiations with government entities, and facilitation of compliance with federal, state and local environmental laws.
  • Being named common counsel to a large group of potentially responsible parties (PRPs) in the investigation/remediation of a nationally recognized Superfund site, a role that includes negotiations with state and federal government entities and other PRPs.
  • Being selected as outside counsel to a Fortune 20 client in a decades-long investigation/remediation of one of the nation’s largest oil spills.
  • Acting as regional outside counsel to two, well-respected energy corporations in tort matters and attainment of access to hundreds of sites for investigative/remedial efforts.
  • Successfully negotiating 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 Massachusetts Department of Environmental Protection regulations. This included attainment of indemnification obligations and guarantees.
  • Representing a client in the sale of a 57-acre property that was significantly impacted by industrial operations. Our work included formulation of a marketing strategy, sale-document preparation, transfer of Brownfield status and attainment of favorable contractual protections.
  • Successfully assisting a large corporation in negotiations with government entities and entry/execution of consent orders/decrees and stipulations for client’s investigation and remediation of contamination and liability resolution. Properties included former terminals, plants, refineries and retail locations.
  • Successfully representing a client in a multimillion-dollar mediation resolving allocation of costs between two prominent energy companies.
  • Representing a Fortune 20 client in New York Navigation Law litigation by New York State, seeking millions of dollars in investigation/remediation costs for a large petroleum plume.
  • Successfully prosecuting a cost-recovery action in the New Jersey Meadowlands for a national developer.
  • Successfully representing a major oil company in a condemnation/cost-recovery action by New York State.
  • Serving as coordinated counsel for major companies in a cost-recovery and enforcement action.
  • Representing a group of potentially responsible parties (PRPs) in pursuit of a defaulting member of an agreement to remediate a property in compliance with New Jersey Department of Environmental Protection directives.
  • Successfully negotiating the sale of contaminated property to a major Northeast municipality with assignment of all remediation responsibilities to the municipality and indemnification rights from the municipality under Connecticut law and Connecticut Department of Environmental Protection regulations.

Please contact John B. McCusker, Andrew E. Anselmi, Alice M. Shanahan or Alicyn B. Craig for additional information.

Related Lawyers

Partner and Co-Founder

John McCusker, a director and co-founder, represents corporate and individual clients, including Fortune 500 petroleum and pharmaceutical corporations, in employment discrimination, environmental/remediation and complex commercial litigation matters.

Partner and Co-Founder

Andrew Anselmi, a co-founder and director of the firm, is a trial lawyer with extensive experience in complex civil and corporate litigation, international arbitration, environmental litigation and class actions. As many of his cases are high-stakes or “bet-the-company” matters, Andrew works intensively and collaboratively with clients on developing winning strategies, be it at trial or through business resolutions.

Partner and Co-Founder

Bruce Goldstein, a director and co-founder, leverages more than 25 years of expertise in civil litigation and criminal defense, coupled with a career as an award-winning newspaper reporter and editor, in bringing about the best result for his clients. He has long been associated with high-profile First Amendment litigations related to free speech, media law (such as defamation and open public records) and religious freedom.

Partner and Co-Founder

Paul Carvelli, a director and co-founder of the firm, represents corporate and individual clients in state and federal litigation at the trial and appellate levels. He has served as lead counsel in more than two dozen trials and arbitration matters and has more than thirty years of experience advising clients on all legal aspects of their businesses.

Partner

Alicyn Craig, a partner, has significant experience in all areas of environmental law, from regulatory advice to complex litigation. Her state and federal litigation practice focuses on soil and groundwater contamination as well as state agency cost-recovery actions.

Alice Shanahan, a partner, has extensive experience representing and counseling clients in highly complex environmental matters in New Jersey and New York. She handles all aspects of environmental law, including policy, enforcement, regulatory compliance, settlements with regulatory entities, pursuit of potentially responsible parties (PRPs), permits, audits, remediation, transactions, property transfers, Superfund matters, environmental risk assessments and management of environmental liabilities.

Laura Siclari, a partner, concentrates on environmental/remediation, employment discrimination, special education/disability law and general litigation matters in state and federal court. Her clients are corporations, including a Fortune 500 company in the petroleum industry, as well as public entities and individuals.

Of Counsel

Rose DaSilva, of counsel, has extensive experience in a wide range of state and federal commercial litigation and transactional matters. She specializes in contract, employment and environmental law. In addition to her practice, Rose serves as a mediator for New Jersey's court system.

Of Counsel

Michael Gogal, of counsel, represents companies and individuals in environmental, employment, tort/product liability defense and commercial matters, and has a wealth of trial experience. He litigates cases involving the New Jersey Law Against Discrimination, Title VII, Age Discrimination in Employment Act, Conscientious Employee Protection Act, employment torts, wage-and-hour laws, CERCLA, New York Oil Spill Law, New Jersey Spill Act and environmental regulations throughout the northeast.

Of Counsel

Katie Hirce, of counsel, is an employment, environmental and commercial litigator. She defends employers in discrimination, wrongful termination and retaliation claims in federal and state court and before administrative agencies. She advises clients, including a Fortune 500 oil company, on environmental investigations and remediations, in litigation and in regulatory matters. In addition, Katie handles general commercial work.

Of Counsel

Katie Lopez, of counsel, represents her corporate clients in various environmental-related matters. Katie has considerable experience in negotiating agreements related to properties that may be involved in environmental investigation and remediation matters. She handles potential claims from former and current property owners related to such matters.

Of Counsel

Suzanne Murphy, of counsel, has more than two decades of state and federal experience in complex commercial litigation, particularly employment and environmental law, in New York and New Jersey. She guides clients from the initial preparation and strategy of a defense through settlement and/or trial, as well as at the appellate level.

Of Counsel

Maura Sommer, of counsel, represents clients in all stages of complex environmental matters in federal and state court, as well as before state agencies. Additionally, Maura works with regulatory agencies, governmental bodies, developers and property owners throughout all stages of environmental investigations and remediation.

Associate

Louis Formisano, an associate, focuses on environmental and employment law. He advises clients on a broad spectrum of environmental matters, such as contaminated property cleanups, liability and cost allocation.

Associate

John, an associate, primarily concentrates on environmental, civil and commercial litigation, as well as criminal defense. In his environmental practice, he advises clients, including a global energy production company, on investigatory and remediation efforts in New Jersey, New York, Connecticut and Massachusetts.

Associate

Patrice LeTourneau, an associate, represents clients in employment and environmental matters, as well as commercial and civil litigation. She handles all aspects of business- and employee/employer-related disputes, including counseling, administrative complaints and litigation in a diverse range of employment-related matters such as discrimination, harassment, wrongful termination, retaliation, contract and severance issues.

James Harry Oliverio, an associate, concentrates his practice on general business and commercial litigation in state and federal courts in New Jersey, and state courts in New York.

Kate Suell, an associate, concentrates her practice on general business and commercial litigation as well as environmental regulatory, litigation and transactional matters. Kate has extensive experience representing clients in all manner of complex commercial matters and has experience representing clients in administrative and judicial proceedings before state and federal courts, as well as agencies such as the New Jersey Department of Environmental Protection.

Associate

Allison Zsamba, an associate, primarily represents clients in commercial and employment litigation. She is experienced in defending a wide range of complex commercial matters, including breach of contract claims, New Jersey Consumer Fraud Act violations, insurance disputes and fiduciary matters. She also assists clients in addressing breaches of employment contracts, retaliation and wrongful discharge lawsuits, and non-compete, non-solicitation and nondisclosure agreements.

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