Best Environmental Law & Compliance Lawyers in New Jersey

About Environmental Law & Compliance Law in New Jersey, United States

Environmental Law & Compliance in New Jersey covers the set of state and federal laws, regulations, and policies that aim to protect the environment, public health, and natural resources. These laws address issues like air and water pollution, hazardous waste management, land use, contaminated site remediation, and the protection of wildlife and ecosystems. New Jersey has a rich industrial history and one of the largest Superfund site counts in the country, making environmental compliance both complex and especially important for individuals, businesses, and municipalities operating here.

Why You May Need a Lawyer

People and organizations in New Jersey often seek the assistance of an environmental lawyer for a variety of reasons. Common situations include:

• Buying or selling property with potential contamination or environmental concerns
• Dealing with regulatory enforcement actions from agencies like the New Jersey Department of Environmental Protection (NJDEP) or the United States Environmental Protection Agency (EPA)
• Navigating site remediation and cleanup requirements for brownfields or former industrial sites
• Pursuing or defending against claims related to emissions, spills, or other pollution incidents
• Applying for or challenging environmental permits and approvals
• Complying with laws affecting construction, land development, and wetlands
• Addressing violations related to waste disposal, stormwater management, or air quality standards
• Participating in public hearings or commenting on environmental regulations and projects

A lawyer with environmental expertise can help you navigate the regulatory landscape, minimize liability, protect your interests, and ensure compliance with often-changing laws.

Local Laws Overview

New Jersey’s approach to environmental law is comprehensive, with several key statutes and regulatory programs. Some of the most relevant areas include:

• Site Remediation Reform Act (SRRA): This law governs the cleanup of contaminated properties, requiring the use of Licensed Site Remediation Professionals (LSRPs) to manage many remediation projects.
• New Jersey Spill Compensation and Control Act: This act mandates the reporting and cleanup of hazardous substance releases and creates liability for responsible parties.
• Freshwater Wetlands Protection Act and Flood Hazard Area Control Act: These laws regulate development and activities in sensitive wetland and flood-prone areas.
• New Jersey Air Pollution Control Act and Water Pollution Control Act: These laws impose limits on air emissions and wastewater discharges, often stricter than federal requirements.
• Pinelands Protection Act and Coastal Area Facility Review Act (CAFRA): These acts protect unique environmental regions within the state.

In addition, New Jersey often adopts policies that exceed federal standards, requires public participation in permitting and enforcement, and maintains strict liability provisions for environmental violations.

Frequently Asked Questions

What should I do if I discover contamination on my property?

If you suspect or confirm an environmental issue, promptly notify the NJDEP to meet regulatory requirements and avoid penalties. Response steps may include conducting a site investigation and working with a Licensed Site Remediation Professional (LSRP).

Who is liable for environmental contamination in New Jersey?

Under the Spill Act and related laws, current and past owners and operators, as well as parties responsible for pollution, may be held strictly liable for investigation and cleanup costs.

Do I need environmental permits to build or expand my business?

Many activities require permits, especially those affecting air quality, water discharge, wetlands, hazardous materials storage, or site disturbance. Consulting an environmental lawyer can help identify necessary permits.

What is an LSRP and when do I need one?

A Licensed Site Remediation Professional is required for most site cleanup projects in New Jersey under SRRA. An LSRP oversees remediation to ensure compliance with state standards.

Can I be fined for failing to report a spill or environmental violation?

Yes, New Jersey imposes significant penalties for failing to report spills or comply with cleanup requirements. Immediate reporting is critical to limit liability.

How can I find out about environmental restrictions on a property I want to buy?

Due diligence, including environmental site assessments and records reviews, can identify contamination, restrictions, or regulatory history. An environmental lawyer can guide you through this process.

What happens if I am the subject of an NJDEP enforcement action?

You may face fines, mandatory corrective actions, or even litigation. It is advisable to contact an attorney immediately to respond to enforcement actions and protect your rights.

Are there incentives or grants for cleaning up contaminated sites?

Yes, New Jersey offers brownfield redevelopment programs, grants, and loans to assist in the assessment and cleanup of contaminated properties.

How are wastewater and stormwater regulated in New Jersey?

Discharges to surface or ground water require NJPDES permits. Stormwater is regulated through specific permits, especially for construction, industrial activity, and municipal systems.

Can a neighbor sue me for environmental harm or nuisance?

Yes, private parties can bring civil lawsuits for damages, cleanup costs, or injunctions if they are affected by pollution, hazardous waste, or other environmental harms originating from your property.

Additional Resources

If you need more information or immediate help, the following organizations and agencies may be valuable:

• New Jersey Department of Environmental Protection (NJDEP)
• United States Environmental Protection Agency (EPA) Region 2
• Environmental Law Section of the New Jersey State Bar Association
• Licensed Site Remediation Professionals Association (LSRPA)
• New Jersey Pinelands Commission
• Association of Environmental Authorities of NJ
• New Jersey Environmental Justice Alliance
• Local county or municipal environmental commissions

Next Steps

If you have an environmental law or compliance concern in New Jersey, consider taking these next steps:

• Document your situation thoroughly, including any communications, site conditions, and regulatory notices
• Reach out to a qualified environmental attorney with experience in New Jersey law as soon as possible
• Contact the appropriate government agency for guidance or required reporting
• Consult a Licensed Site Remediation Professional if your matter involves site investigation or cleanup
• Keep records of all permits, approvals, and remediation activities
• Stay informed about your obligations and rights by consulting trusted resources or legal counsel

Early action and expert guidance are crucial when addressing environmental matters in New Jersey. Do not hesitate to seek legal advice tailored to your specific situation.