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    Real Estate (Environmental)

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  • General land use experience in affordable housing, brownfields, condemnation, critical habitats, development agreements, discharge permits, eminent domain, endangered species, exactions, federal and state environmental regulations, greenfields, land development, land valuation, landfill, planning, redevelopment subdivisions, use permits, vested rights, water quality, water supply, zoning. 

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  • Compliance with both internal governance policies and applicable federal and state laws and regulations, including United States Department of Transportation (USDOT), New Jersey Department of Environmental Protection (NJDEP), New Jersey Department of Transportation (NJDOT), New York City Business Integrity Commission (NYCBIC), New York State Department of Environmental Conservation (NYSDEC), New York State Department of Transportation (NYSDOT), Pennsylvania Department of Environmental Protection (PDEP), Pennsylvania Department of Transportation (PennDOT).​

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  • Compliance with the New Jersey Industrial Site Recovery Act (ISRA), depending on the particular Industry Code Number (ICN) of the activity at the site, requiring remediation of certain environmental site issues at the cessation of business operations on the site prior to the sale of the site, including the ISRA N.J.A.C. 7:26B rules, the establishment of a Remediation Funding Source (RFS) by owners or operations of the site, the Remediation Trust Fund Agreement (RTFA), Line Of Credit Agreement (LOCA), Letter Of Credit (LOC), Remediation Funding Source Guarantee (RFSG), and ancillary issues such as the Landlord/Tenant Petition requesting the New Jersey Department of Environmental Protection (NJDEP) to compel a party to comply with the ISRA.​

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  • Compliance with the Federal Coastal Zone Management Act of 1972 (CZMA), 16 U.S.C. Ch. 33 § 1451, and the New Jersey Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1, Coastal Zone Management Rules, N.J.A.C. 7:7, Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1, Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7A, Hackensack Meadowlands Reclamation and Development Act, N.J.S.A. 13:17, Pollutant Discharge Elimination Systems Rules, N.J.A.C. 7:14A, Stormwater Management Rules, N.J.A.C. 7:8, Waterfront Development Law, N.J.S.A. 12:5-3, Wetlands Act of 1970, N.J.S.A. 13:9A-1, and various other Federal and state environmental laws related to wetlands protection and reclamation.​

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  • International Standards Organization (ISO) 14001 environmental management system certification support.

 

  • Reviews environmental due diligence, including Phase I and Phase II, to identify cases of non-compliance with ASTM E1527-13 and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (a/k/a "Superfund") regulations and non-conformance for existing and proposed facilities.

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  • Worked with outside counsel to have Phase II reports ordered and then ensured that the appropriate actions were taken to reduce the environmental liability.

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  • Legal support for identification and proper handling and disposal of hazardous materials, such as asbestos, contaminated groundwater, lead, mold, soil, for compliance with waste regulations such as the Resource Conservation and Recovery Act (RCRA), and worker health and safety.

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  • Compliance with local, state and federal wetland regulations.

 

  • Legal support for obtaining and maintaining environmental permits and certificates.

 

  • Development and implementation of materials management plans (MMPs) and health and safety plans.

 

  • Compliance with the Occupational Health and Safety Act (OSHA) Lead standard – 1910.1025 and Asbestos standard – 1910.1001.

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  • Environmental law training sessions, and regulatory experience in preparing and filing government reports.

 

  • Maintains and tracks the processes for the environmental impact statement (EIS) for domestic projects, and the environmental effectiveness statement (EES) for international projects.

 

  • Compliance with audit criteria, catastrophe management and underwriting authority delegation, in collaboration with internal actuarial, claims, compliance and risk control teams.

 

  • Provided legal support for the development of environmental underwriting and training tools.

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  • Legal support for the procurement and management of environmental insurance lines and classes, such as asbestos, chemical risks, commercial general liability, contractors environmental liability, environmental impairment liability (EIL), environmental general liability exposures, employers liability, excess over primary, herbicides, package auto liability, pesticides, premises pollution, professional liability, pollution legal liability (PLL), storage tank and transmission liability, toxic tort.

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Last updated 210425_1130

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