Environmental Justice

Environmental Justice (“EJ”) lawsuits brought by state and local governments across the country are on the rise. Archer’s Environmental Justice Group has extensive experience assisting clients in navigating all facets of EJ cases. Archer’s attorneys regularly assist clients by providing unique and tailored legal advice; anticipating lawsuits; assisting with permit applications and requirements; addressing underground storage tank and other petroleum-related releases; assessing and remediating environmental damage; exploring insurance issues; and proactively managing sensitive multi-stakeholder interactions.

Archer’s Environmental Justice Group includes attorneys in the firm's Environmental Law, Land Use and Environmental Permitting, and Government Affairs Groups who can advise, in some instances avoid and, if necessary, defend litigation brought under federal and state law, including the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), the Federal Water Pollution Control Act (the “Clean Water Act” or “CWA”), the Resource Conservation and Recovery Act (“RCRA”), the Clean Air Act (“CAA”), the Toxic Substances Control Act (“TSCA”), the New Jersey Spill Compensation and Control Act, the Water Pollution Control Act, the Solid Waste Management Act, the Freshwater Wetland Protection Act, the Flood Hazard Area Control Act, the Tidelands Act, the Water Development Act, and other common law theories for reimbursement of costs, including litigation seeking natural resource damages (“NRD”).

Our attorneys also negotiate settlements, identify and pursue other potentially responsible parties, and ensure compliance with federal and state laws and regulations. Archer has specific and extensive experience advising clients on remediation and restoration related to Natural Resource Damage claims. Archer attorneys also have extensive experience with cost recovery, project management, corporate ethics, Title VI matters, legislative matters, criminal investigations, civil enforcement, successorship liability, and business transactions. We can handle development projects and all local and state permitting requirements from start to finish.

Our services include, but are not limited to:

• Defending litigation brought under state and federal law, including reimbursement of cost for remediation, restoration, and natural resource damages (“NRD”).
• Providing counsel and assistance during settlement negotiations.
• Identifying and asserting affirmative claims against other potentially responsible parties.
• Advising on environmental justice considerations during project life cycles.
• Developing creative solutions to address environmental justice community concerns.
• Addressing environmental problems related to leaking underground storage tanks, soil and groundwater contamination.
• Designing and implementing holistic programs for incorporating environmental justice considerations in company decision-making processes.
• Advising clients on best practices for environmental justice implementation and training.
• Advising clients on environmental justice issues on the local, state and federal level, as they may affect the permitting of a development project.