Services & Industries

Environmental and Land Use

Overview Experience Professionals Insights News

Overview

Day Pitney's Environmental and Land Use attorneys are experienced in all facets of environmental issues and real estate development. Since the 1970s, we have successfully defended clients in major toxic tort cases, including large class action and multiparty suits. Active in national Superfund cases since 1981, when the first Superfund cases were filed, we often have a leading role in defending potentially responsible parties, whether as PRP common counsel or as counsel to an individual entity in complex cost-recovery and allocation litigation. We also assist corporate, developer and institutional clients navigate the local, state and federal regulatory and permitting process. Though having a national practice, Day Pitney attorneys are experienced and actively involved in New Jersey, Connecticut and Massachusetts–states known for their complicated yet innovative land use and environmental regulations.

Day Pitney is also actively engaged in land use litigation either defending development approvals or challenging denials. Given some of the high-profile victories on behalf of clients, Day Pitney was recognized as the Real Estate Litigation Group of the Year in 2014. Day Pitney stays connected to the development community by being actively involved in various organizations such as NAIOP and the New Jersey Builder's Association.

Our environmental and land use lawyers can help with environmental permitting, auditing, management systems, emergency planning and counseling on federal, state and local requirements. We draw on our close working relationships with federal, state and local environmental and land use agencies and our tracking of current developments to maximize our value to you.

Areas of focus include the following:

Buyers and sellers and landlords and tenants with respect to the environmental aspects of transactions involving raw land, office buildings, industrial facilities and retail centers
Disputes among current site owners, tenants and former owners over responsibility for cleanup actions and related costs
Condemnation matters involving complex valuation issues arising from the presence of environmental contamination
Land use litigation, including real property tax appeals, riparian rights, tax foreclosures, condemnation, eminent domain and valuation litigation
Regulatory enforcement, including actions involving air, water, storm water, hazardous and solid waste, spill prevention, toxic release reporting, chemical importing and labeling and related penalty assessments
Federal and state claims for natural resources damages due to soil, surface water, groundwater and sediment contamination
Criminal environmental enforcement matters, including matters with potential criminal implications
Litigation associated with all aspects of property acquisition and development, including zoning, planning and permitting
Prosecution and defense of personal injury, property loss and business interruption claims relating to environmental conditions, including mass tort actions & citizens' suits for all environmental media
Matters involving wetlands and water allocation issues

Experience

Prior results do not guarantee a similar outcome.

Represented a national pharmacy chain and retail chain in obtaining permitting for stores throughout New Jersey and Connecticut
Represented regional and national developers in commercial, industrial and retail developments in New Jersey, Connecticut and Massachusetts
Represented multiple Fortune 100 Companies on land use and zoning matters pertaining to the development, redevelopment and repurposing of corporate campuses and facilities in New Jersey
Represented a prominent university in land use permitting and zoning matters pertaining to the university campus and facilities in Connecticut
Represented various developers on redevelopment projects, including negotiating redeveloper agreements, PILOT agreements, and tax abatements in both New Jersey and Connecticut
Represented a national affordable housing developer and other residential developers in compliance with New Jersey affordable housing regulations and development of affordable housing projects, including those financed through the Low Income Housing Tax Credit program
Represented a national alternative energy company in land use permitting and zoning matters in New Jersey
Represented private golf and country clubs with land use permitting and zoning matters in New Jersey
Represented corporate clients on federal and state incentives for developer projects