Commercial property owners, industrial businesses, fuel distributors, and developers may encounter UST-related issues during property transactions, inspections, releases, system upgrades, or regulatory enforcement matters. Early legal guidance can support informed decision-making throughout the process.

When should environmental counsel be involved?

Businesses should consider consulting environmental counsel when purchasing or selling property with USTs, responding to suspected or confirmed releases, planning tank closures or replacements, negotiating environmental liabilities, addressing NJDEP enforcement actions, or evaluating complex regulatory obligations.

How does legal counsel support UST compliance?

Environmental attorneys can help coordinate with Licensed Site Remediation Professionals (LSRPs), environmental consultants, insurers, and regulators while advising on risk allocation, regulatory strategy, contractual provisions, and compliance planning.

Why is early legal involvement beneficial?

Early planning can help identify legal and regulatory issues before they delay projects, increase costs, or complicate transactions. Coordinated legal and technical planning often improves project efficiency and risk management.

Common misconceptions

Environmental counsel is not only needed after an enforcement action. Proactive legal guidance can be valuable during routine compliance planning, due diligence, and business transactions involving underground storage tanks.

Key Takeaways

  • Seek legal guidance early for significant UST matters.
  • Coordinate attorneys and technical professionals.
  • Address compliance obligations proactively.
  • Evaluate environmental liability before transactions.
  • Develop long-term compliance strategies.

When should you contact an attorney?

Consult an environmental attorney whenever UST issues could affect property transactions, environmental liability, remediation obligations, regulatory compliance, or interactions with the NJDEP.

Contact The Law Office of Alan S. Ashkinaze

The Law Office of Alan S. Ashkinaze advises commercial property owners, industrial businesses, developers, lenders, and other regulated entities throughout New Jersey on underground storage tank compliance, environmental due diligence, remediation, enforcement, and regulatory matters.