Environmental Law Attorneys at A.Y. Strauss

Environmental regulations affect nearly every aspect of modern business operations, from property acquisition and infrastructure development to daily operations and long-term corporate strategy. The Environmental Law Group at A.Y. Strauss provides comprehensive environmental counsel, helping clients navigate the challenges of environmental permitting, compliance and risk management, as well as transactional and litigation matters.

We advise clients of all sizes in determining the federal, state and local environmental statutes, laws and regulations applicable to their operations and assets, and provide practical, business-driven legal guidance to strategically integrate environmental compliance considerations into their operations. Our attorneys identify and assist clients to obtain and maintain the required permits and approvals for acquisition, development, and redevelopment projects, while guiding clients on aligning permitting with development timelines and stakeholder objectives.

Risk Management in Corporate and Real Estate Transactions/Financing

Environmental liabilities can pose significant legal, financial and operational risks. We help clients assess and mitigate these risks before they escalate into costly disputes or enforcement actions. Our attorneys have extensive experience identifying, allocating and managing environmental risks in corporate and real estate transactions. We work closely with transactional counsel, developers, lenders, and consultants to support efficient deal execution and structure transactions to mitigate remediation and regulatory risk. Our practical, interdisciplinary approach helps avoid surprises after closing and supports long‑term operational success.

Our attorneys conduct environmental due diligence for a wide range of transactions, helping clients identify key environmental considerations such as the existence of contamination, compliance gaps, regulatory exposure and legacy liability risks. Environmental permits and regulatory approvals can also directly impact deal timing and feasibility. We assist clients by evaluating permitting requirements during transactions and advising clients on obtaining, transferring, maintaining and defending required federal state and local environmental permits and regulatory approvals.

The Environmental Law group believes that environmental issues should not stall good deals. We have extensive experience negotiating deal terms to align environmental risk with business objectives. Our attorneys regularly draft and negotiate the environmental provisions of purchase and sale agreements, M&A agreements, development agreements, lease agreements and financing documents, translating complex environmental risks into clear contractual protection that balance legal safeguards with commercial realities. We advise clients on the risks and liabilities associated with state and federal environmental, endangered species, and historic preservation obligations, and assist in allocating and mitigating such risks through the use of indemnities, escrow agreements, and insurance.

Our attorneys provide business-driven environmental advice designed to unlock value and keep transactions moving while protecting and promoting our clients’ interests. Whether supporting a complex acquisition or a single site development, we help clients move forward with clarity and confidence.

Site Remediation

For entities involved in site investigation, cleanup, or redevelopment, we offer strategic counsel from issue identification through resolution. The Environmental Law group assists clients in navigating all aspects of the site remediation process under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Resource Conservation and Recovery Act (RCRA); and all related state statutes. Our attorneys have years of experience counseling clients about the various compliance, cost recovery and technological options available to them when remediating contaminated property. We work closely with state and federal regulators, project stakeholders, environmental consultants and other technical experts to find cost effective solutions tailored to each client’s operational and/or redevelopment needs.

Site remediation in New Jersey can be challenging for clients due to the state’s unique administrative procedures and compliance standards. Drawing on their environmental, scientific, and regulatory experience, our attorneys guide clients through the mandatory environmental submissions under the New Jersey Industrial Site Recovery Act (ISRA) and counsel them on their obligations under the state’s Site Remediation Reform Act and its Licensed Site Remediation Professional (LSRP) program. Our attorneys have established relationships with the New Jersey Department of Environmental Protection and assist clients in negotiations with the NJDEP concerning the scope of site investigation and cleanup, variances from technical requirements, management of sites under direct oversight and the implementation of engineering and institutional control.

Whether preparing environmental services agreements with the appropriate licensed environmental contractors, putting together multidisciplinary teams of LSRPs and other professionals to expedite the site remediation process, or assisting with the issuance of Response Action Outcome (RAO) determinations or other final remediation documents, our experience and relationships allow us to find cost effective and creative solutions at every point of the process.

Regulatory Enforcement and Agency Proceedings

The Environmental Law group frequently represents clients before environmental agencies throughout the permitting process, advocating for workable permit conditions and reasonable compliance requirements. We advise property owners, developers and operators on everything from obtaining agency approvals and permits to addressing permit challenges, denials, revocations and agency objections.

When regulatory issues escalate, the Environmental Law group defends clients facing agency inspections and investigations, administrative enforcement actions, notices of violation and compliance disputes. We also regularly represent clients facing civil penalties, cleanup demands, and injunctive relief. Our attorneys proactively engage with environmental regulators to resolve disputes and negotiation consent orders, administrative settlements, and compliance agreements that preserve our clients’ rights while protecting project viability.

Recognizing that early legal involvement can significantly affect the outcome of agency proceedings, we provide rapid response counsel following spills, releases, or enforcement triggers, helping clients make informed decisions under pressure. Our attorneys assist clients to manage regulatory exposure, preserve defenses, and control the narrative with agencies and stakeholders.

We understand how regulators build enforcement cases and how to challenge them. Our attorneys develop targeted defense strategies designed to limit liability, control costs, and resolve disputes efficiently, whether through negotiation, administrative proceedings, or litigation. We advocate aggressively before environmental agencies and in court, challenging overreach, narrowing enforcement demands and pursuing efficient, strategic resolutions.

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The Environmental Law Group works closely with A.Y. Strauss’s other practice areas – including real estate, construction, corporate, litigation, and land use – to provide clients with holistic and integrated legal support. Whether you’re managing a dispute, seeking counsel on compliance or risk assessments for a real estate or corporate transaction, or need help obtaining permits, licenses and insurance, our team offers deep knowledge, experience and legal insight to help you move forward with confidence.