Recent Environmental Law Cases & Matters

The following representative matters highlight the breadth of experience of the Law Office of Alan S. Ashkinaze in environmental law, land use law, and corporate law. Over more than 30 years, the firm has represented businesses, developers, property owners, and nonprofit organizations in matters involving environmental permitting, ISRA compliance, brownfields redevelopment, site remediation, NJDEP enforcement, land use approvals, and complex business transactions throughout New Jersey.

These examples demonstrate the firm’s practical experience in addressing regulatory challenges and helping clients achieve successful outcomes across a wide range of environmental and business matters.

Environmental Due Diligence and Property Transactions

• Represented purchasers and sellers in all phases of transactions involving former industrial properties, gasoline stations, and environmentally impacted commercial properties, including environmental due diligence, contract negotiations, and allocation of environmental responsibilities.
• Served as environmental counsel in pre-acquisition investigations and evaluations of potential environmental liabilities associated with commercial and industrial real estate.
• Advised clients concerning environmental risks and regulatory obligations affecting the acquisition, ownership, and redevelopment of contaminated properties.

Brownfields Redevelopment

• Assisted clients in the redevelopment of contaminated and formerly industrial properties for a variety of commercial, industrial, and institutional uses, including retail shopping centers, schools, restaurant supply facilities, storage facilities, distribution centers, and manufacturing facilities.
• Negotiated redevelopment agreements on behalf of designated brownfields redevelopers.
• Advised developers and property owners on environmental and regulatory issues affecting the feasibility and redevelopment of contaminated properties.

Environmental Permitting and Licensing

• Represented solid waste and recycling businesses in obtaining Class B recycling approvals and renewals of solid waste facility permits.
• Assisted clients in obtaining A-901 approvals and New York City Business Integrity Commission (BIC) approvals.
• Represented clients in obtaining air permits and addressing environmental permitting requirements affecting commercial and industrial operations.
• Examined the feasibility, regulatory requirements, and siting considerations associated with rail transfer facilities.

Site Remediation, ISRA, and Underground Storage Tanks

• Worked with Licensed Site Remediation Professionals (LSRPs) to address and complete the remediation of contaminated properties.
• Assisted clients in obtaining Response Action Outcomes (RAOs) in matters involving the Industrial Site Recovery Act (ISRA) and underground storage tanks (USTs).
• Advised property owners and businesses concerning remediation obligations and regulatory issues arising from historical industrial operations and petroleum contamination.

Environmental Enforcement and Litigation

• Represented clients before the NJDEP in enforcement actions involving underground storage tanks, solid waste facilities, recycling operations, and air permitting requirements.
• Represented clients before the USEPA in enforcement matters involving National Emission Standards for Hazardous Air Pollutants (NESHAP) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
• Represented clients in private-party environmental cost recovery actions involving contaminated properties and environmental liabilities.

Mr. Ashkinaze’s land use practice includes representation of developers, property owners, and businesses in matters involving municipal approvals, redevelopment agreements, environmental permitting, and disputes affecting the use and development of real property.

• Negotiated a developer agreement on behalf of a designated redeveloper.
• Represented property owners in land use disputes involving neighboring properties.
• Represented clients seeking Treatment Works Approvals (TWAs) and New Jersey Pollutant Discharge Elimination System (NJPDES) permits.
• Advised clients concerning wetlands regulations and environmental constraints affecting property development and use.

In addition to environmental and land use representation, Mr. Ashkinaze has advised businesses, commercial property owners, nonprofit organizations, and entrepreneurs on corporate and transactional matters.

• Negotiated commercial lease agreements and real estate purchase agreements.
• Represented businesses in obtaining financing for manufacturing plant expansions and real estate acquisitions.
• Obtained federal tax-exempt status for nonprofit organizations.
• Formed and advised nonprofit corporations concerning organizational and legal matters.
• Established limited liability companies (LLCs) for real estate ownership, holding, and management purposes.
• Provided legal and business counseling to e-commerce start-up ventures.

Mr. Ashkinaze’s practice has involved representation of clients in a broad range of industries and commercial activities, including:

• Industrial and manufacturing facilities
• Commercial and industrial real estate development
• Gasoline stations and petroleum-related businesses
• Solid waste management and recycling operations
• Brownfields redevelopment
• Warehousing, storage, and distribution facilities
• Commercial real estate ownership and investment
• Nonprofit organizations and emerging businesses

His experience in environmental law, regulatory compliance, governmental affairs, and commercial transactions provides a broad perspective on the legal and operational challenges confronting regulated businesses and property owners.

The matters described above are representative of prior legal work and do not constitute a guarantee of similar results in future matters. Each legal matter depends upon its particular facts and circumstances.