Renewable Energy

The firm worked with client Swan Creek Energy, LLC and funder Capital Dynamics in the development of the fourth-largest solar roof in the country (pictured at right), which will supply power under a power purchase agreement (PPA) to a refrigerated warehouse distribution facility operated by U.S. Foods, Inc. in Perth Amboy, New Jersey. In connection with the project, the firm negotiated the PPA; the facility roof lease; the subordination, non-disturbance and attornment agreement (SNDA); and a membership interest purchase agreement. Construction of the project began in January, 2012.

The firm also has represented Delsea Energy LLC, which is developing large-scale wind, energy, and landfill gas facilities in New Jersey, New York, Pennsylvania, Maryland, and Virginia; MaxHart Energy, a commercial-scale solar energy developer; and Recurrent Energy, a utility-scale solar developer.

For our renewable energy clients, we have developed and negotiated dozens of PPAs, land and roof leases, and financing documents. In addition to the Perth Amboy project, we have structured and negotiated the transaction documents for a 3.2 megawatt distributed solar project in New Brunswick, and 3.55 solar roof in South Brunswick, both of which are in operation and exceeding projected energy production. We have represented clients in renewable energy credit sales, in both short and long-term contracts, in regulatory proceedings and approvals, in remedial matters, and in local zoning matters.

Through our Washington office, the firm has handled appropriations requests, grant and tax credit applications, loan guarantees and other support for renewables projects. The firm has introduced clients to Members of Congress and senior officials at the Department of Energy, Department of the Interior, the Environmental Protection Agency, and other agencies concerned with renewable energy policy.

Brownfield Redevelopment

The firm has dealt with over a thousand acres of brownfields in recent years, assisting clients with the purchase and sale of former industrial properties for redevelopment. Among other recent matters, the firm represented Jay Cashman, Inc., in the 2012 acquisition of a waterfront industrial property from the City of Elizabeth, New Jersey, in a transaction that required a release and indemnification agreement with more than a dozen parties who retained responsibility for remediation of the property.

Site Remediation

Our firm has represented numerous companies in addressing legacy contamination and in negotiating response and remedial requirements for sites in industrial, commercial, and residential areas. Currently, we represent clients with matters in the District of Columbia, Maryland, New Jersey, and New York.

Recent matters have included: negotiation of a Resource Conservation and Recovery Act (RCRA) administrative consent order with the EPA's mid-Atlantic region for a groundwater site affecting both Maryland and the District of Columbia; negotiation of final remedy requirements for Consolidated Edison Development Corporation prior to purchase and sale of a portfolio of electric generating units; and affirmative litigation to prompt cleanup of former industrial sites in Carteret, New Jersey and other municipalities in the state, including cost recovery for contamination of the Nicholas Minue Elementary School (photographed above on right).

Water Resource Management

The firm has represented both public and private parties in water resource management and water supply issues. The firm represented the North Jersey District Water Supply Commission in successful litigation to increase the regulatory safe yield of the Wanaque River system, and in 2012 was selected to represent the City of New York in connection with the City’s Water for the Future initiative.

Public Agency Representation

Our firm has extensive experience in representing numerous public agencies at all levels in regulatory, financing, and redevelopment matters, including: North Jersey District Water Supply Commission (NJDWSC); Lambertville Municipal Utilities Authority (LMUA); the Borough of Carteret; Carteret Board of Education; the New York City Department of Education; and others. The range of matters we have handled for public agencies include: contract negotiation, regulatory negotiation, site cleanup and redevelopment, permitting, damage claims, and renewable energy procurement.

Pictured at right is the LMUA’s recent six million dollar project to replace existing equipment at its Lambertville facility, for which the firm secured funding through the Environmental Infrastructure Trust and loan forgiveness through the stimulus funding in the American Recovery and Reinvestment Act. In 2012, the firm favorably resolved a dispute between the LMUA and the Delaware River Basin Commission concerning the scope of DRBC’s regulatory jurisdiction over the project.

Oil & Chemical Spills

In public service, Brad Campbell served as the lead official in responding to four major oil and chemical spills that occurred in three states. He also pioneered the first state program to systematically pursue recovery of natural resource damages in spill cases. Ed Bonanno has led nearly every criminal investigation of an oil or chemical spill in New Jersey during the past 20 years.

The experience Mr. Bonanno and Mr. Campbell bring to these issues has made our firm highly sought-after by companies, governments, and nonprofit organizations responding to oil and chemical spills in both the civil and criminal contexts. In total, our firm has handled four major spill cases in the past three years.

Land Use

The firm has represented numerous clients in local land use issues in Maryland, New Jersey, and the District of Columbia. The firm's land use docket has included renewable energy projects in New Jersey, urban redevelopment projects in New York, and challenges to waterfront redevelopment projects in Maryland.

We also have represented numerous clients in resolving alleged land use permit violations.

The firm also has served as an independent expert in contentious land use disputes. In 2012, the firm was retained by the Planning Board for the Township of Lopatcong, to address the adequacy of air and water pollution controls proposed by an applicant before the Board for a new industrial facility.

Environmental Infrastructure Projects

Our firm assisted international engineering firm MWH USA in its successful bid to manage the wet-weather pollution control program for the City of Baltimore. We helped to develop a regional strategy that will help Baltimore avoid overdesign of its wet-weather system while saving hundreds of millions of dollars in stormwater infrastructure costs.

As bond counsel and special counsel to the Lambertville Municipal Utilities Authority (LMUA), we oversaw more than six million dollars in financing through New Jersey Environmental Infrastructure Trust and secured one-time funding available through the American Recovery and Reinvestment Act (ARRA). The financing we oversaw for the LMUA will fund much needed equipment replacements and green initiatives at the LMUA's facility on the Delaware River, and half of the project's loan will be forgiven through the ARRA program.

Pollution Abatement and Compensation

The firm is currently seeking appropriate cleanup measures and compensation for the Borough of Carteret and other landowners whose property has been contaminated by emissions from a smelter at the former U.S. Metals Refining Company site in Carteret. The firm also represents: a private landowner in seeking remedial measures and damages from a former tenant that operated a bus depot on the property; and the New York /New Jersey Baykeeper and Hackensack Riverkeeper in overseeing cleanup of a polluted site on the Hackensack River.

As special counsel to the Borough of Carteret, we also brought suit against JNC Materials, Inc. and other defendants under New Jersey's Environmental Rights Act to compel the DuPont Corporation Basin Holding Realty Corporation to address a mountain of unlawfully stockpiled material at the JNC facility, where violations went unchecked for four years. We secured injunctive relief requiring remedial action by the facility operator, and negotiated settlements requiring the property owners to perform the cleanup when the operator defied the injunction.  As a final element in transforming an eyesore facility into a public asset, the firm is structuring the donation of private waterfront land to the Borough for the creation of a waterfront walkway along the Arthur Kill

Recycling

We represent a new entrant in the grease trap and yellow grease recycling market and are assisting the company addressing a range of business and regulatory issues including permitting and transport issues associated with the collection of waste grease and the production of feedstock for biodiesel production.

Clean Energy Development

Our firm represented SCS Energy LLC and PurGen One LLC in the first phase of development of a landmark facility that would produce electricity and other hydrogen-based commodities at commercial scale while permanently sequestering 90 percent of carbon dioxide emissions. While representing these clients, our firm resolved protracted litigation over control of the project site under New Jersey's redevelopment law and secured unanimous approval of a Linden City Council resolution endorsing the PurGen project and the underlying settlement.

We also have advised developers of state-of-the-art combined cycle natural gas facilities, waste-to-energy facilities, and major transmission improvements.

Business Disputes and Litigation

We represented a closely held specialty pigment and dye manufacturer in litigation against the Deloitte Touche accounting firm. The suit sought damages for Deloitte Touche's accounting malpractice in the course of tax preparation for the firm and an audit by the Internal Revenue Service. The action, in which the firm prevailed against Deloitte's motion to dismiss, was resolved in 2012 in a settlement providing a substantial recovery to our client.

On behalf of the Lambertville Sewerage Authority, our firm developed a litigation and renegotiation strategy that broke a ten-year impasse in contract negotiations between the Authority and a counterpart agency in Pennsylvania. Our strategy resulted in a new contract that will generate hundreds of thousands of dollars in savings for the Authority's ratepayers over the life of the contract.

We also brought successful litigation in Pennsylvania in 2012 to recover commissions wrongly withheld from our client, a lighting equipment distributor.

Energy and Environmental Legislation

On behalf of Swan Creek Energy and the City of New Brunswick, our firm advocated and secured passage of legislation expanding Brownfield cleanup reimbursement for New Jersey municipalities. Under the new law, sponsored by Senator Bob Smith and signed into law in January of 2010, municipalities are now entitled to reimbursement for 75 percent of remediation costs at municipally owned sites that will be used for renewable energy production. In addition, our firm provides advice to clients on a continuing basis regarding pending legislation and the potential for new legislation to address policy concerns at the federal, state, county, and municipal levels of government.

Grand Jury and Criminal Matters

Our firm has a substantial criminal practice. We have handled a number of grand jury investigations, and have had major success in resolving possible criminal charges without publicity or indictment. The nature of these matters has ranged from the criminal investigation of Fortune 100 companies for significant oil spills to criminal charges against individual landowners for threatened or endangered species habitat modification.

Domestic Security

As a former member of New Jersey's Domestic Security Council and the author of nation's first mandatory security requirements for chemical facilities, Brad Campbell, continues to provide advice, guidance, and consulting to clients seeking to evaluate potential terror risk, mitigate risks, and seeking to coordinate with federal, state, and local law enforcement agencies to address risks.

Compliance Auditing

Several clients have retained our services to undertake compliance audits of their facilities. These audits help to ensure that facilities are in full compliance with legal requirements by identifying potential risks at the facility and creating opportunities for pollution prevention and cost-savings.

Marine Resources

The firm represented the Florida Keyskeeper, Inc. both in proceedings before the Internal Revenue to establish its tax-exempt status and in advocacy before the Florida Fish and Wildlife Commission seeking regulations that would be more protective of sports fisheries that are vital to the marine ecology and regional economy of the Florida Keys. The firm succeeded, specifically, in working with a coalition of groups to secure new regulations to further restrict commercial fishing of permit, pictured at right, a favorite of recreational fly-fishers in the Keys.

Animal Welfare

Our firm represented the Humane Society of the United States (HSUS) in securing legislation in New Jersey to prohibit the use of animal test subjects when an alternative testing method is available that has been approved by a federal interagency science panel. With the signing of the legislation,, New Jersey became the second state in the nation, following California, to eliminate excessive use of animals as test subjects.

Mediation / Dispute Resolution

Brad Campbell is a trained mediator whose experience includes the successful mediation of environmental, energy, contract, construction, and tort matters. The firm is a member of the Association for Conflict Resolution and maintains an affiliation with the Rutgers' Camden Mediation Center.