Jager Smith’s Environmental Law Group provides experienced counsel on all aspects of environmental litigation, compliance and due diligence. Our attorneys have recognized expertise in helping clients through all facets of environmental matters in high-stakes litigation, bankruptcy and restructuring, and commercial real estate development.
Our attorneys have a proven track record of resolving disputes over the cost and responsibility of remediating contaminated properties, guiding clients through all phases of the cleanup process under federal and state environmental statutes, working closely with licensed site professionals, resolving insurance coverage disputes, appearing before administrative and permitting agencies, responding to government enforcement actions and investigations into alleged violations of air, water and hazardous waste regulations, and successfully working with government agencies to resolve regulatory and enforcement issues and litigating building permits, zoning appeals, easements and other property disputes.
The environmental practice is led by partner Bruce Smith, whose more than 35 years’ experience includes serving as the Chief of the Environmental Protection Section of the United States Attorney’s Office for the Eastern District of New York. Because environmental issues often arise in the context of complex business and real property transactions, we regularly draw on the expertise of our corporate, tax, real estate, litigation, and bankruptcy and restructuring attorneys to best serve our clients’ interests.
Our attorneys have successfully represented clients in a wide range of environmental matters, including:
- Represented the largest demolition contractor on Boston’s “Big Dig” construction project with regard to numerous environmental issues that arose under state civil and criminal statutes.
- Represented a landowner in a lawsuit against an oil company for recovery of costs incurred in connection with the remediation of a site impacted by diesel fuel and gasoline releases.
- Represented a purchaser of real property in a lawsuit against the prior property owner for waste oil contamination in a case that ultimately reached the Supreme Judicial Court of Massachusetts.
- Represented the court-appointed receiver of contaminated property in Queens, New York, in connection with its oversight of the site remediation efforts.
- Represented a landowner with regard to remediation of plastic wastes.
- Represented the seller of real estate with regard to trichloroethylene contamination issues.
- Represented a Brownfields developer in connection with its efforts to obtain an abatement of real estate taxes and to address contamination issues.
- Represented an oil company in the remediation of contaminated property.
- Represented a school bus company in responding to a Notice of Violation issued by the United States Environmental Protection Agency for alleged violations of provisions of the Clean Air Act pertaining to engine idling.
- Defended the owners of a food processing company charged with criminal violations of the Clean Water Act for allegedly tampering with monitoring equipment.
- Acted as lead counsel in a Superfund case involving a large landfill, numerous potentially responsible parties, and the imposition of obligations to cover and pump leachate from a site.
- Represented and successfully guided a manufacturing company through an investigation by the Attorney General of Massachusetts and a settlement of claims of alleged violations of air permits and other environmental regulations.
- Represented a manufacturing company in connection with the cleanup of contaminated property and the assertion of claims against the prior owner for contribution of cleanup costs.