Environmental Law

Peckar & Abramson’s Environmental Law attorneys are committed to providing concrete results — those that allow our clients’ businesses to succeed. We know how to avoid civil penalties, mitigate liability and protect our clients’ interests.

Our clients — which include contractors, developers, manufacturers, financial services companies, oil and gas companies, utilities and many others — feel confident and assured knowing that our team can seamlessly navigate the complex web of federal, state and local environmental regulations.

Experience

We have dealt with a wide spectrum of federal and state environmental laws, regulations and audit policies for decades, and have a highly specialized focus on environmental concerns as they relate to construction and infrastructure projects. This robust legal knowledge, combined with longstanding government contacts and incisive construction dispute resolution skills, has enabled numerous clients to resolve environmental concerns and move their projects forward. We bring all of our experience to bear in our clients environmental matters, always mindful that clients need — and expect — Results First℠.

Avoiding Environmental Liability

Positive, early action is the key to avoiding environmental liability. We enforce meticulous and targeted due diligence investigations, including reviews of Phase I and Phase II reports, and implement comprehensive auditing policies. Our lawyers carefully examine contracts looking for unforeseen liabilities, then craft corrective provisions that protect clients from unneeded threats. We also procure the necessary environmental insurance on behalf of our clients to further mitigate legal and financial risk.

By leveraging this knowledge and expertise, our clients can reduce and avoid civil penalties.

Experienced Litigators

If enforcement action or litigation is unavoidable, we are ready to defend our clients with every resource at our disposal.

We have taken on actions brought by state and federal agencies, private citizens and businesses alleging environmental violations. We also defend clients against toxic tort litigation, including class and individual actions seeking damages for wrongful death, personal injury, and property damage arising from groundwater and soil contamination.

Our attorneys are nationally recognized for the litigation capabilities and are relentlessly committed to securing favorable results that enable our clients’ businesses to thrive.

Representative Experience

The scope of our work includes:

  • Private-party litigation
  • Government enforcement actions
  • Permit proceedings
  • Claims under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA/Superfund), the Clean Air Act, the Clean Water Act, Resource Conservation Recovery Act (RCRA), Toxic Substances Control Act (TSCA) and Emergency Planning and Community Right-to-Know Act (EPCRA)
  • Corporate transactions and due diligence
  • Insurance coverage proceedings
  • Audits, including disclosures to government agencies under audit policies
  • Toxic tort actions, including class and individual
  • Administrative rule development and challenges
  • Mold, asbestos and indoor air-quality matters
  • Cost-recovery proceedings
  • Brownfields redevelopment
  • Compliance counseling

Navigating the Permitting Process

We advise clients on environmental permitting, including permits related to:

  • Hazardous waste
  • Wastewater
  • Stormwater
  • Air emissions
  • Demolition
  • Urban infill (brownfields)
  • Building on or near environmentally sensitive lands
  • Proper handling of hazardous materials on construction sites
  • Recycling of project waste materials
  • Proper disposal of materials at third-party sites

Environmental Liability

Typical liability issues our Environmental Law Group address include:

  • Underground storage tanks
  • Other preexisting hazardous waste conditions
  • Site contamination
  • Asbestos removal and disposal
  • Health, Safety and Occupational Health and Safety Administration (OSHA) concerns
  • Regulatory reporting obligations

We often represent clients facing environmental enforcement actions by state and federal agencies, private citizens and businesses. As one example among many, we successfully defended a major oil and gas company against RCRA claims involving underground storage tank leak incidents. We have significant environmental law experience that has proven invaluable to our clients.

DAVID J. SCRIVEN-YOUNG
Senior Counsel,
Chicago, IL
View PDF

PROFESSIONALS

Related Practice Areas

Insights

  • Essential Employees Who Contract COVID-19 May Be Entitled to Workers’ Compensation Benefits: What New Jersey Employers Need to Know

    New Jersey employers make note: A recently enacted amendment to the New Jersey Workers’ Compensation Act entitles “essential employees”—including construction and many other types of private sector workers—who contract COVID-19 to the presumption that their illness is work-related. Significantly, this amendment is retroactive to March 9, 2020, the date of the initial pandemic state of […]

  • How Will Today’s Pandemic Impact Tomorrow’s Construction Contracts?

    This article was written for the ConsensusDocs newsletter and first appeared here. The emergence of COVID-19 has created a new set of challenges in the already complex world of negotiating construction contracts.  In the pre-COVID-19 era, general contractors, construction managers and those negotiating on their behalf, needed to balance a variety of fairly well-established legal […]

  • Super Lawyers® Names 11 Peckar & Abramson Texas Attorneys to Their 2020 List

    National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that 11 attorneys have been named to the 2020 Texas Super Lawyers® List. According to the publication, the list is exclusive, recognizing no more than five percent of attorneys in each jurisdiction. The following P&A attorneys from the Houston, Dallas, and Austin […]

  • Peckar & Abramson Partner Named Fellow of Construction Lawyers Society of America

    Michael C. Zisa, a partner with the national construction law firm Peckar & Abramson, P.C. (P&A), has been selected as a Fellow of the Construction Lawyers Society of America (CLSA). The CLSA describes itself as is an invitation-only international honorary association with membership limited to 1,200 practicing Fellows focusing in construction law and related fields. […]

  • Three Peckar & Abramson Attorneys Named New Jersey Law Journal 2020 Professional Excellence Award Winners

    National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that three firm partners have been selected by the New Jersey Law Journal (NJLJ) among its annual Professional Excellence Awards honorees. Co-Founding Partner Robert (“Bob”) S. Peckar was named a Lifetime Achievement award winner, recognized for the indelible mark he has made […]

  • Is It Live…Or Is It Virtual?

    Attorneys Adrian L. Bastianelli, III, Paulo Flores, Kevin O’Connor, and Robert S. Peckar have written “Is It Live…Or Is It Virtual?,” an article for the summer edition of Best Lawyers Magazine. They discuss in detail how best to make virtual mediation work and offer some thoughts on whether it’s here to stay. Read the full […]

  • Lessons Learned From One of Miami’s First Zoom Bench Trials

    Attorneys Anne-Solenne Rolland and Freddy X. Muñoz, and Paralegal Katherine Gonzalez have written the article, “Lessons Learned From One of Miami’s First Zoom Bench Trials,” for Daily Business Review/Law.com.  They discuss their experience after undertaking one of the first virtual week-long bench trials in Miami-Dade County in June and the valuable lessons they learned in […]

  • Grappling With Viruses on Multiple Fronts: Ongoing Cyber Risk Management in the Age of COVID-19

    Richard R. Volack, Chair of Peckar & Abramson’s Cyber Security & Data Privacy Practice, has written “Grappling With Viruses on Multiple Fronts: Ongoing Cyber Risk Management in the Age of COVID-19,” an article for Construction Executive. Richard discusses the preventative measures that construction executives should take to keep the company and its computer systems safe […]

  • COVID in the Americas – A Review of Impacts, Responses, Challenges for Construction Sectors

    Jerry P. Brodsky, Partner and Director of Peckar & Abramson’s Latin American Practice, has written the article, “COVID in the Americas – A Review of Impacts, Responses, Challenges for Construction Sectors,” for Daily Business Review/Law.com.  Jerry discusses the similarities and differences between the impacts, responses, and challenges for construction in Latin America and the United […]

  • Dispute Resolution in Construction Projects

    Robert S. Peckar and Denis Serkin have written “Dispute Resolution in Construction Projects,” a chapter for the 10th edition of The Law Reviews’ The Projects and Construction Review. Read the chapter here.

  • Chinese Telecommunications Ban to Expand to Federally Funded Contracts Effective November 12, 2020

    In our previous alert, we discussed the Federal Government’s Ban (the “Ban”) on certain Chinese covered telecommunications and video surveillance equipment and services in federal government contracts.  The ban prohibits government contractors and subcontractors from supplying to the Federal Government or using in their own internal operations certain telecommunications or video surveillance equipment or services […]

  • DoD Contractors Receive Reprieve on Implementation of Chinese Telecommunications Ban

    In our previous alert, we discussed the expansion on the Section 889(a)(1)(B) ban on certain Chinese telecommunications equipment and services to contractors and subcontractors who use the equipment and services in their internal operations.  Effective August 13, 2020, federal agencies were prohibited from procuring, obtaining, extending, or renewing a contract with a contractor that uses […]

  • 51 ATTORNEYS WITH NATIONAL CONSTRUCTION LAW FIRM PECKAR & ABRAMSON, P.C. RECOGNIZED BY BEST LAWYERS®

    New York, NY – August 20, 2020 – National construction law firm Peckar & Abramson, P.C. (P&A) is pleased to announce that 51 of the firm’s attorneys, based in its New York, New Jersey, California, Florida, Texas and Washington, DC offices, have been selected by their peers for inclusion in Best Lawyers. 41 of these […]

  • Stefanie Salomon Appointed as Board Member for Rebuilding Together Broward County

    Stefanie A. Salomon, an Associate in Peckar & Abramson’s Miami office, has been unanimously approved as a Board Member of Rebuilding Together Broward County. As a member of the Board, Stefanie will share her vision and collaborate with a dedicated and passionate group of individuals committed to the organization’s mission of bringing volunteers and communities […]

  • Contractors Must Act Now to Ensure Compliance With Expanded Ban of Chinese Telecommunications Equipment & Services

    Later this week, the U.S. will take another step in protecting the federal government’s information and systems by restricting prime-contractors and subcontractors from using certain Chinese telecommunications equipment and services. These restrictions not only apply to those who provide the government with the equipment and services, but also apply to the internal systems used by […]

  • The Designer’s Pre-bid Standard Of Care In A Design-Build Project

    This article was written for the ConsensusDocs newsletter and first appeared here. Design-build continues to grow in popularity as a project delivery vehicle. Yet this popularity brings its own challenges. Design-build alters the traditional division of duties between designers, builders, and owners. Among the most obvious of these alterations is the transfer of the designer’s […]

  • Drone Operation in a Construction Zone

    The potential uses of unmanned aircraft systems (UAS) in the construction industry continue to expand as new technologies enter the market and construction companies realize UAS can perform unique tasks at tremendous cost savings. The full technological capabilities of UAS are, however, limited by law for public safety reasons. UAS share airspace with traditional passenger, […]

  • Is the Construction Industry Ready? Hurricane Prep in the Midst of the Pandemic

    The article, “Is the Construction Industry Ready? Hurricane Prep in the Midst of the Pandemic,” written by Melinda (“Mindy”) S. Gentile, Partner and P&A’s Diversity and Inclusion Chair, and Jerry P. Brodsky, Partner and Director of P&A’s Latin American Practice, was published in the Daily Business Review/Law.com and GlobeSt.com on July 22, 2020. Mindy and […]

  • Representations and Certifications: Implementing Processes to Protect Executives and the Company

    The article “Representations and Certifications: Implementing Processes to Protect Executives and the Company,” written by Patrick J Greene, Jr., a Senior Partner with Peckar & Abramson, was published in Construction Executive on July 17, 2020. The article discusses policies and procedures that should be included as part of a comprehensive compliance program. As Patrick mentions, the […]

  • Analysis – Virus Related Legal Issues

    This article first appeared in Third Thursdays with the Construction Super Conference (CSC) on July 15, 2020 here. With the heat of summer raging and the global pandemic spiking in some regions of the U.S., effects on construction law are coming into focus. Third Thursday sat down with Patrick J. Greene, Esq., senior partner, Peckar […]