Legal Services

Land Use, Environmental Permitting & Compliance

Archer has been a leader in land use law and environmental permitting and regulatory compliance since the inception of those areas of the law. As government has expanded its legislation and regulation of the field, we have developed and maintained the capability to handle not only basic local subdivision, site plan, zoning, and planning issues, but also the permitting that county, regional, state, multi-state, and federal law can impose upon virtually any project.

Our Land Use and Environmental Permitting and Compliance Group has had extensive experience in obtaining permits, approvals and certifications from local planning boards and zoning boards; county boards; special regional and State agencies, such as the New Jersey Pinelands Commission, the Delaware River Basin Commission, the Delaware and Raritan Canal Commission, the New Jersey Meadowlands Commission, the New Jersey Department of Environmental Protection, the New Jersey Department of Community Affairs, the Pennsylvania Department of Environmental Protection and Federal agencies, such as the United States Army Corps of Engineers, the United States Fish and Wildlife Service, and the United States Environmental Protection Agency.

Throughout the years we have demonstrated a solid ability to come up with innovative approaches to the securing of permits and the negotiation and litigation of permit conditions and variances from permitting requirements. These include variances from the requirements for wastewater discharges to surface water and for emissions to the air; use variances for the transportation by rail of hazardous waste and the development of solid waste treatment and disposal facilities; and the development of special management zones as part of municipal master plans. This ability has been particularly useful and important to clients with properties located in specially regulated regional areas, such as the New Jersey Pinelands Area and the New Jersey Meadowlands. The Group has been instrumental in bringing about changes in the New Jersey Pinelands Commission’s standards for review of development applications, through the prosecution of appeals of Pinelands Commission decisions on applications for development approvals and waivers of strict compliance, where that agency’s actions have discriminated against the rights of landowners and developers.

We handle virtually all types of land development and redevelopment projects, ranging from residential site plans and subdivisions, commercial and industrial parks and shopping centers, to specialized heavy industrial facilities, electrical generation and cogeneration facilities, mining and resource extraction operations, and Brownfield sites.

We specialize in coordinating and working as a team with other professionals–the architects, planners, engineers, environmental consultants, traffic engineers, sound impact experts, hydrologists, geologists and economists–whose work is essential to so many projects these days. We have often been called upon to lead teams of specialists to develop extensive comments on proposed environmental regulations.

The firm’s library and research services are extensive, and include such online data base retrieval systems as LEXIS/NEXIS, WESTLAW, and other specialized data bases.

Finally, in addition to having extensive experience in the land use and environmental permitting process, our firm regularly represents landowners, builders and developers in the other facets of their businesses, such as land acquisition and financing, contracts and subcontracts, business and tax planning, resolution of labor and employment issues, and, where necessary, litigation.

Experience

  • Represented parties before federal, special regional and state agencies such as the New Jersey Department of Environmental Protection and the United States Environmental Protection Agency regarding air, water and hazardous waste/hazardous substances shipping / handling enforcement matters.
  • Obtained permits, approvals and certifications from local planning boards and zoning boards, county boards, special regional and state agencies, such as the New Jersey Department of Environmental Protection and the Delaware River Basin Commission.
  • Obtained approvals for and developing or implementing some of the most significant projects in New Jersey and the Delaware Valley in the past 25 years, including electric generation and co-generation facilities, solid waste management facilities, industrial parks, hospitals, schools, major commercial and residential developments, redevelopment of Brownfield and blighted areas, alternative and renewable energy facilities, establishment of fish and wetlands habitat areas, creation of wetland mitigation banks, forestry and woodland management plans, and open space preservation projects.
  • Successfully obtained Major Site Plan and Variance Approvals for the expansion of an office, warehouse, and distribution center for a food processing / manufacturing facility.
  • Successfully obtained Major Subdivision Approvals for the extension of an internal roadway in an industrial park.
  • Representation of industrial property owners in successfully challenging the inclusion of clients’ properties in the redevelopment area and plan.
  • Representation of home builder in connection with several NJDCA registration applications and amendments for 1,000 + unit residential development.
  • Representation of a non-profit corporation before several Boards in connection with the development of group homes.
  • Representation of named redeveloper in connection with an affordable housing project.
  • Represented parties in the assemblage of land in three city blocks in Trenton, New Jersey for a multi building office project and the coordination of an acquisition program involving in excess of 10,000 acres and over 100 transactions for a wetlands restoration project.

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