Theodore A. Schwartz
Partner

About

Theodore Schwartz is one of New Jersey’s original practitioners of environmental law. From 1965 to 1970, he served as Deputy Attorney General for the State of New Jersey, where he acted as Chief of the Attorney General’s Task Force on Pollution. His prime responsibilities centered around the enforcement of the State’s pollution control laws through administrative and civil proceedings.

The creative approach to environmental enforcement matters earned him a national reputation amongst his peers. He spearheaded, along with a colleague, the creation of the New Jersey Department of Environmental Protection and was the author of numerous environmental laws and regulations, including the New Jersey Air Pollution Control Act, which became a national model for environmental regulatory programs in all areas of the environment. On the national level, he was a legal advisor to numerous State and Federal agencies concerning environmental regulatory matters. President Carter, recognizing his environmental credentials, appointed him as a Commissioner to the National Alcohol Fuels Commission, where he analyzed the development of alternative fuel sources.

Mr. Schwartz continues to represent numerous private sector companies in the planning, development, remediation, brownfield redevelopment, regulatory, and litigation aspects of environmental matters. In conjuction with these representations, he has handled complex environmental litigation and achieved prominence for many precedent-setting decisions. In addition, he is frequently called upon as legal consultant and advisor to various government officials, and is often a guest lecturer at environmental programs sponsored by various public and private organizations associated with environmental matters.

Mr. Schwartz was named to Digital Press International’s “The Ten Leaders in Environmental Law in New Jersey” list for 2003-2004. The list, based on more than 95 interviews and 150 peer reviews, identifies the top ten attorneys across the state who have demonstrated leadership and influence in the area of environmental law. In addition, he has been selected continually by the publication “Best Lawyers in America” as one of the finest environmental attorneys, an honor based primarily upon peer review and is a Martindale-Hubbell’s AV Preeminent rated attorney. Mr. Schwartz continues to be named to the “New Jersey Super Lawyers” list. The list, published by Super Lawyers Magazine in conjunction with New Jersey Monthly Magazine, is an annual listing of outstanding lawyers from more than 60 practice areas who have attained a high degree of peer recognition and professional achievement.

Representative Matters
• Represented a governmental entity in litigation to establish a strict liability doctrine for remediation of chromium contaminated sites.

• Represents numerous public companies and private sector clients in development of residential, commercial, and industrial properties regarding regulatory and environmental permitting compliance requirements.

• Represents industrial warehouse developers in projects regarding redevelopment of brownfield areas port support facilities and environmental remediation of these sites, which are to date in excess of 10 million square feet.

• Represented two Fortune 500 companies in obtaining regulatory and environmental permitting for the development and construction of a 5 million square foot multi-use complex at the New Jersey Sports Exposition Authority facility.

• Represents one of the largest dredging companies regarding dredging and mining activities in the New York Harbor area for revitalization of the Port Area.

• Represented numerous governmental and private entities to successfully obtain regulatory approvals for the development of water supply systems and wastewater treatment projects.

• Represented the largest national solid waste management company to successfully obtain regulatory approvals for development of solid waste management facilities.

• Provided successful defense against government regulatory actions involving many solid waste facilities in the New Jersey/New York/Pennsylvania area.

• Represented numerous private entities regarding claims by federal and state governments in cost recovery actions, both judicial and administrative, under CERCLA and state hazardous waste discharge programs.

• Represented one of the largest privately held solid waste companies in the country, successfully arguing before the IRS the deductibility of certain long-term environmental costs.

• Represented a major city in the State of New Jersey challenging the imposition by the State of solid waste management fees, saving the city in excess of $6 million.

• Represented the largest county government in New Jersey before the FAA and other government agencies regarding the planning and redevelopment of a major airport.

• Represented many governmental entities in New Jersey as special counsel in numerous environmental and regulatory matters.

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Publications

Title Publisher Date
Toxic Real Estate: Legal Aspects: Protection Yourself in the Deal Hazmat International Hazardous Waste Materials Management Conference June 1991
New Jersey Dollars for New Jersey Solutions New Jersey Law Journal June 1991
New Jersey’s Air Pollution Enforcement Program New Journal May 1972
Enforcement Techniques to Control Emissions Where Numeric Standards Have Not Been Established American Institute of Chemical Engineers, Symposium Series, Vol. 68 1972

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Affiliations

American Bar Association

New Jersey State Bar Association (Emeritus Member; Chair, Conservation & Ecology Committee 1974 – 1977)

Essex County Bar Association (Past Chair and Vice-Chair of the Environmental Committee)

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