Environmental

The Legal Landscape of Environmental Law

Environmental law is more than just a regulatory box to check—it is a critical component of how businesses grow, manage risk, and protect their assets. At Scarinci Hollenbeck, LLC, we understand that environmental issues can influence every stage of a business lifecycle, from property acquisition and infrastructure development to daily operations and long-term corporate strategy.

In New Jersey, environmental law is particularly complex. State-specific programs such as the Industrial Site Recovery Act (ISRA) and the Spill Act impose unique obligations on property owners, developers, and operators. Federal agencies such as the Environmental Protection Agency (EPA), in conjunction with the New Jersey Department of Environmental Protection (NJDEP), maintain strict oversight over how businesses interact with natural resources. Our environmental law team ensures that clients remain compliant, informed, and strategically positioned—whether they are responding to a regulatory notice or planning the next phase of a project.

We serve clients across a wide range of sectors—including real estate, manufacturing, energy, infrastructure, and municipal government—by offering comprehensive support in five critical areas of environmental law:

Regulatory Compliance & Permitting

Navigating the regulatory framework is often the most time-sensitive and technically demanding part of any project. Our attorneys guide clients through the permitting process with federal, state, and local environmental agencies, helping them avoid delays, meet statutory requirements, and maintain productive relationships with regulators.

We assist with:

• Air, Water, and Soil Permits: Securing and maintaining permits under the Clean Air Act, Clean Water Act, and corresponding New Jersey laws for emissions, discharges, and soil impacts.
• Stormwater Management (NJPDES Compliance): Helping clients comply with the New Jersey Pollutant Discharge Elimination System (NJPDES), including construction and industrial stormwater permits.
• Wetlands and Coastal Permitting: Advising on development in regulated areas, including coastal zones, flood hazard areas, freshwater wetlands, and riparian zones subject to NJDEP jurisdiction.
• Hazardous Waste and Storage Compliance: Ensuring compliance with regulations for hazardous material handling, storage, and transportation under RCRA, TSCA, and state-level equivalents.

We provide not just legal documentation but also strategic insight to align permitting with development timelines, financial projections, and stakeholder engagement goals.

Site Remediation & Brownfield Redevelopment

Contaminated properties present both legal risk and opportunity. Our attorneys represent clients in site remediation matters involving state and federal cleanup requirements, especially in connection with property transfers and redevelopment efforts. We work with Licensed Site Remediation Professionals (LSRPs), consultants, and engineers to navigate environmental obligations while protecting client interests.

Our remediation services include:

• ISRA Investigations and Remediation: Managing compliance with New Jersey’s Industrial Site Recovery Act, which may require environmental investigation and cleanup during the sale or closure of certain industrial operations.

• Spill Act Liability & Funding Strategies: Addressing strict liability under the New Jersey Spill Compensation and Control Act and identifying available remediation funding or cost recovery mechanisms.
• Brownfield Redevelopment Planning: Structuring cleanup efforts and redevelopment strategies to qualify for liability protections and tax incentives while advancing project viability.
• Coordinating with LSRPs: Serving as the legal liaison with environmental professionals to maintain compliance with state remediation standards and reporting timelines.

We aim to turn legacy environmental issues into opportunities for sustainable redevelopment, unlocking long-term value for clients and communities.

Environmental Litigation & Enforcement Defense

Environmental disputes often involve overlapping legal, scientific, and regulatory issues that require experienced representation. We represent clients in litigation and administrative proceedings involving environmental enforcement, contamination claims, and disputes between private parties.

Our litigation experience includes:

• EPA and NJDEP Enforcement Actions: Defending clients facing administrative penalties, compliance orders, or remediation demands from federal or state agencies.
• Natural Resource Damage (NRD) Claims: Representing clients in cases alleging damage to public natural resources due to pollution or discharges, including negotiations with the New Jersey Attorney General.
• Private Contribution and Cost Recovery Disputes: Pursuing or defending claims under CERCLA and the Spill Act for contribution or reimbursement of cleanup costs among potentially responsible parties.
• Toxic Tort and Contamination Claims: Defending against lawsuits alleging personal injury or property damage due to exposure to hazardous substances, mold, or other environmental hazards.

Our attorneys are equipped to resolve disputes efficiently through negotiation or litigation, always with a focus on minimizing disruption to business operations.

Due Diligence in Real Estate & Corporate Transactions

Environmental due diligence is a critical component of risk assessment in any real estate purchase, merger, or corporate acquisition. Overlooking environmental issues in the early stages of a deal can lead to significant liability after closing. Our firm helps clients evaluate, allocate, and manage environmental risk in a wide range of transactions.

We provide:

• Environmental Site Assessments (Phase I & II): Coordinating with environmental professionals to assess site conditions, identify historical usage, and evaluate contamination risks.
• Risk Allocation & Transaction Structuring: Drafting indemnities, environmental representations and warranties, and cleanup covenants to properly allocate liability among parties.
• Compliance Audits & Disclosure Review: Ensuring that environmental disclosures are accurate, complete, and consistent with existing permits and reports.
• Insurance Guidance: Advising on environmental insurance policies to supplement contractual protections and limit post-closing exposure.

We serve as an integrated part of the transaction team, working alongside corporate counsel, brokers, and consultants to ensure seamless execution and regulatory compliance.

Sustainability & Emerging Compliance Needs

As environmental expectations evolve, so do the legal standards for corporate sustainability and climate risk. Businesses today face increasing pressure from regulators, investors, and customers to demonstrate responsible environmental practices and long-term ESG strategies. Our attorneys help clients stay ahead of these shifting standards.

We support clients with:

• Renewable Energy Projects: Permitting and regulatory compliance for solar, wind, and other clean energy infrastructure, including grid interconnection and site selection.
• Carbon Emission Disclosures & Climate Reporting: Advising on compliance with greenhouse gas reporting programs and proposed rules from the SEC and other regulatory bodies related to climate disclosures.
• Green Building Certifications: Ensuring legal and contractual compliance with programs such as LEED, WELL Building Standard, and local energy efficiency ordinances.
• ESG & Sustainability Strategy: Providing legal support for ESG program development, supply chain transparency, and sustainability reporting frameworks.

Our team bridges the gap between environmental regulation and forward-looking business strategy—helping clients remain competitive while fulfilling environmental obligations and stakeholder expectations.

Environmental Legal Services

As a full-service environmental law firm, we support clients with a range of legal solutions:

• Regulatory counsel and permit acquisition
• Risk management for contaminated sites
• Litigation and dispute resolution
• Due diligence and transactional review
• ESG and climate strategy advisory
• Redevelopment of former industrial properties
• Wetlands, land use, and stormwater guidance
• Representation before local, state, and federal agencies

Whether you’re facing enforcement action or planning a new facility, we help you stay ahead of environmental legal challenges—without losing sight of your business objectives.

Environmental Law Specialists at Your Side

Our environmental team includes seasoned litigators, regulatory compliance advisors, and land use counsel. Many of our attorneys have previously worked with government agencies or environmental consultancies, giving us unique insight into the regulatory process.

We regularly advise:

• Developers and real estate investors
• Municipal governments and public authorities
• Manufacturers, energy companies, and utilities
• Waste management and recycling businesses

Our collaborative, cross-disciplinary approach ensures that every matter is handled with the attention and strategic insight it deserves.