Contaminated Site Remediation and Restoration

Kalman & Associates’ attorneys are fully versed and experienced in every aspect of the unique issues posed by properties that have been impacted by releases of hazardous materials and/or solid wastes. We have represented clients in cleanup and litigation proceedings under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund), the Resource Conservation and Recovery Act (RCRA), and other federal statutes and their state and local counterparts. We have also counseled clients in numerous Brownfields remediation and redevelopment matters throughout the northeastern United States.

Our attorneys assist clients in evaluating remedial options and associated cleanup costs involved with environmental compliance requirements and we work closely with in-house counsel, environmental professionals, and regulatory agencies negotiating the scope of environmental investigations and cleanups at contaminated sites. When appropriate, we also help clients identify and pursue grants, loans, and other financial incentives applicable to remediation and redevelopment projects.

Our goal is to help our clients employ cost-effective and technically sound remediation strategies that enable them to secure remedial action work plan approvals from government agencies and/or achieve site closure status (i.e. obtain “no further action” letters, “response action outcomes,” “final remediation documents,” etc.) to allow for transactions involving contaminated properties to proceed as quickly as possible.

The attorneys at Kalman & Associates are known for their ability to quickly assess risks and develop sound strategies to bring cleanups to successful and cost-effective conclusions. Our attorneys’ technical backgrounds and extensive knowledge in the areas of environmental science and environmental law enable them to move seamlessly between the two disciplines allowing them to synthesize and effectively communicate technical concepts and opinions rendered by environmental professionals and experts to our clients, government oversight agencies, triers of fact, and opposing counsel.

Our lawyers stand at the cutting-edge of bringing innovative technological resources to bear on difficult contaminated site remediation projects. We regularly work with highly-regarded environmental consultants who specialize in identifying, assessing, and designing remediation solutions for contaminated land, ensuring that the right combination of legal and technical expertise is available at all times, and enabling us to achieve favorable results for our clients facing or pursuing claims involving complex scientific issues.

Kalman & Associates counsels clients regarding applicable notice, investigation, cleanup, and post-cleanup requirements in a wide variety of matters involving sites impacted by hazardous materials and/or solid wastes, including:

  • Compliance counseling related to purchases and divestments of commercial properties under state environmental transaction statutes such as New Jersey’s Industrial Site Recovery Act (ISRA) and the Connecticut Transfer Act;

  • Drafting and negotiating joint defense agreements and funding/allocation agreements, including designated settlement fund arrangements;

  • Potentially responsible party (PRP) group formation and management;
  • Remediation and supplemental environmental project oversight;

  • Prosecution and defense of cleanup cost-recovery and contribution actions, including litigation against recalcitrant responsible parties;

  • Defense of government-initiated enforcement actions and natural resource damages claims;

  • Defense of citizen suits brought under federal and state statutes; and

  • Procurement of public funding, tax incentives and other benefits under federal and state Brownfields programs.