Environmental Litigation and Remediation
Protecting your business' health and wealth
Sedita, Campisano & Campisano, LLC helps you manage environmental liability before the need for costly remediation or litigation arises. We take a practical, business-focused approach to environmental remediation. Our knowledge of the complex New Jersey and federal environmental laws, experience with complex litigation, and competency in environmental litigation prove invaluable to our business clients throughout the state. Talk to an experienced environmental litigation attorney. Contact us to speak with a partner at our firm.
We counsel clients on matters relating to:
Insurance coverage
Businesses benefit from our ability to recover costs for unexpected environmental litigation. We are often able to recover both costs for past and future cleanup and attorneys fees through:
- Insurance coverage, including under comprehensive general liability (CGL) policies that were in effect before 1985
- Litigation directed toward manufacturers of toxic substances
- State and federal government programs designed to provide funding for cleanup
We also counsel clients on how to tailor insurance agreements to protect the company from future environmental liability. We evaluate a number of factors in determining the adequate level of insurance coverage, including on-going operational risks, indemnity obligations, and cleanup costs.
Cost recovery
When your company faces a cleanup directive from the New Jersey Department of Environmental Protection (NJDEP) or Environmental Protection Agency (EPA), the agency places the financial burden of cleanup on your business. We can help you recover all or at least a portion of your costs for cleanup by bringing legal action against your insurance, the manufacturers of the toxic substance, and other liable parties. We take action to help you hold those responsible accountable for their part in the resultant pollution.
We provide comprehensive cost recovery solutions for legislation related to:
- New Jersey Spill Act
- Industrial Recovery Act
- Superfund
- Underground storage tanks
- Brownfields
Compliance
Our attorneys can guide you through the process of obtaining legal permits and performing due diligence to limit your exposure to litigation. We are also experienced trial lawyers who represent business owners in administrative proceedings and environmental remediation. If your business incurs fines, we seek every avenue of legal remedy, including cost recovery from the manufacturer of the toxic substance and recovery from insurance agencies based on the terms of your coverage.
You benefit from our knowledge of the law and experience with environmental regulations. Our key contacts with industry professionals can help you obtain the permits you need to get your business moving in the right direction. We counsel our clients on the range of federal, state, and local statutes regulating:
- Air emissions from smokestacks
- Discharge to sewers or waterways
- Disposal of hazardous substances
- Solid waste disposal
- Construction on wetlands and coastal shorelines
We represent clients at both contested and uncontested hearings. In many cases, our attorneys are able to negotiate with the New Jersey Department of Environmental Protection (NJDEP), Environmental Protection Agency (EPA), and the New Jersey Division of Water, to develop agreements that work for both your business and the regulatory agencies. We work with you to develop cooperative solutions that address the threat of litigation and the potential for heavy fines and restrictions. In matters relating to permits, we have been successful in protecting clients against allegations of permit violations.
Federal, state, and local statutes have a significant impact on companies handling toxic substances. There are strict guidelines for activities that could be potentially harmful to the environment. New Jersey licensing regulations can be harsher than federal laws. Our attorneys can help you—whether you need to obtain a permit or defend your firm in litigation.
Before you make purchasing and lending decisions, it is vitally important to consult an attorney to perform due diligence. We can inform you of a range of legal and environmental concerns, especially those related to matters including:
- NJDEP and EPA regulations
- Preservation of wetlands, ocean-front properties, and other protected areas
- Condemnation of any portion of the property
- Liens on the property and clearing title
- Pending litigation on adjacent properties
Proudly serving Fairfield, NJ and the surrounding communities:
Morris County, Essex County, Passaic County, Bergen County, Middlesex County, Newark, Fairfield, and more.
