Photo of Franklin J. Riesenburger

Franklin J. Riesenburger

Franklin J. Riesenburger is chair of Flaster/Greenberg’s Environmental and Real Estate Law Departments. For 40 years, he has represented clients in environmental litigation and regulation, environmental permitting and commercial transactions. Frequently published, his most recent article appeared in the New Jersey Law Journal as co-author of “Dealing With Deal Breaking False Positives,” and he can be seen on the Flaster/Greenberg podcast (see www.flastergreenberg.com) of the November 2009 seminar, provided by the Environmental Practice Group, on New Jersey’s new Site Remediation Reform Act. In addition, he was recently featured in the New Jersey Law Journal’s May 2010 supplement, “Clean Energy: A Roundtable Discussion,” in which he shares his insights on the subject of clean and renewable energy sources in New Jersey.

As a member of the firm’s Alternative and Renewable Energy Industry Group, he also represents clients engaged in or considering business ventures in solar energy installations. 

Representative Matters

  • Third-party plaintiffs’ counsel in CERCLA litigation filed against hundreds of defendants in the Helen Kramer Landfill, and Berks Landfill matters, each of which involved claims exceeding $100 million dollars
  • Originated third-party litigation under CERCLA in U.S. v. Price and its companion private party civil damages action bringing claims against hundreds of parties
  • Through a series of numerous public meetings before the Improvement Authority and Board of Chosen Freeholders, and facing broad-based and contentious public opposition, obtained approval by a vote of 4 to 3 for the inclusion of a client’s activities into the County Waste Management Plan, which approval was required by the NJDEP for the continuation of the client’s business
  • As the result of trial under the Open Public Records Act, obtained over 22,000 pages of documents that had previously not been identified and were improperly withheld by a municipality concerning its energy-related activities, and was awarded $190,000 from the municipality for legal expenses incurred by the client as the result of the need to bring the action and trial to obtain the documents
  • Obtained the reversal of a local zoning board’s decision that was shown to be so politically motivated that the Appellate Division, upon review, upheld the reversal by the trial judge without any remand to the zoning board for further consideration
  • Obtained the delisting of a previously registered dam from oversight and regulation by the NJDEP
  • Through litigation, prevented the NJDEP’s efforts to withhold approvals for the sale of a shipyard to new ownership, and obtained court approval for the sale by the shipyard’s court-appointed receiver
  • Spearheaded litigation that ultimately required the owner of property to complete the contract for the sale of property to a client; the owner had attempted to avoid the sale by delaying and not diligently pursuing its efforts to obtain ISRA approval from the NJDEP, which ultimately was obtained through the firm’s efforts
  • Successfully defended a multimillion-dollar claim by a national tenant that the client-owner of a shopping center had failed to deliver a 50,000-square-foot space free of asbestos
  • In defense of a claim for which the client was accountable under the New Jersey Spill Act for the cost of 642 hookups to a public water supply system, determined that seven different plumes from seven different sources were responsible for the contamination of the previously private drinking water wells on the properties requiring the hookups; the DEP ultimately conceded that the client was accountable for less than ten percent of the number of public hookups required

Reported Cases Involving Environmental Issues

  • U.S. v. Kramer, 757 F.Supp. 397, 21 Envtl. L. Rep. 20,879 (D.N.J., Feb 08, 1991) (NO. CIV. A. 89-4340 JFG)
  • U.S. v. Vineland Chemical Co., Inc., 692 F.Supp. 415, 28 ERC 1789, 19 Envtl. L. Rep. 20,160 (D.N.J., Jul 29, 1988) (NO. CIV. A. 86-1936)
  • U.S. v. Consolidated Rail Corp., 674 F.Supp. 138, 26 ERC 1990, 18 Envtl. L. Rep. 20,405 (D.Del., Nov 06, 1987) (NO. CIV.A. 85-502 MMS)
  • State of N.J. Dept. of Environmental Protection v. Gloucester Environmental Management Services, Inc., 668 F.Supp. 404, 26 ERC 1443, 18 Envtl. L. Rep. 20,112 (D.N.J., Aug 20, 1987) (NO. CIV. A. 84-0152[SSB])
  • Vineland Chemical Co., Inc. v. U.S. E.P.A., 810 F.2d 402, 25 ERC 1564, 17 Envtl. L. Rep. 20,2555 (3rd Cir., Feb 06, 1987) (NO. 86-3157)
  • U.S. v. Price, 577 F.Supp. 1103, 19 ERC 1638, 13 Envtl. L. Rep. 20,843 (D.N.J., Jul 28, 1983) (NO. CIV. 80-4104)
  • Matter of Dept. of Environmental Protection, Division of Water Resources of State of New Jersey, 177 N.J. Super. 304, 426 A.2d 534, 15 ERC 1751 (N.J. Super. A.D., Feb 09, 1981) (NO. A-3681-78)

Reported Cases Involving Other Issues

  • Lucy Miranda et al., Plaintiffs v. Local 208, Amalgamated Clothing Workers of America, et al., Defendants.,(8 EPD Section 9601) U.S.D.C. N.J., (1974)
  • Thompson v. Yue, 426 F.Supp. 853 (D.N.J., Jan 10, 1977) (NO. CIV. 76-1126)
  • State v. Sugar, 84 N.J. 1, 417 A.2d 474 (N.J., Jul 24, 1980)
  • Calliari v. Sugar, 180 N.J. Super. 423, 435 A.2d 139 (N.J. Super. Ch., May 28, 1980) (NO. C-950-79)
  • Matter of Adoption of Children by F., 170 N.J. Super. 419, 406 A.2d 986 (N.J. Super.Ch., Sep 23, 1979)
  • Matter of Saferstein, 160 N.J. Super. 393, 390 A.2d 137 (N.J. Super. A.D., Jul 03, 1978)
  • Cancel v. Watson, 131 N.J. Super. 320, 329 A.2d 596 (N.J. Super. L., Nov 19, 1974)

Honors & Awards

  • Rated AV® Preeminent™ by Martindale-Hubbell
  • Top Attorney List, SJ Magazine, 2004, 2005 and 2009 – 2012
  • Named a New Jersey "Super Lawyer", 2005, 2006 and 2007, by Thomson Reuters, publishers of New Jersey Super Lawyers 

Professional Affiliations

  • Cumberland County Bar Association
  • Jewish Federation of Cumberland County
    • Emeritus and past president
  • New Jersey State Bar Association
    • Former chair, Environmental Law Section 
  • Vineland Public Library 
    • Trustee Emeritus and past president 

Community Activities

  • Member, CleanTech Committee of the America-Israel Chamber of Commerce (AICC), Philadelphia, PA
  • Member, National Board of Directors of Elwyn (serving the developmentally disabled community), Elwyn, PA, and previously served for 12 years on the Board of Directors of Elwyn New Jersey, Vineland, NJ
  • Board of Directors, Israel Elwyn, serving developmentally disabled persons throughout Jerusalem and Haifa, Israel
    • Chairman, 2010 – Present
    • Member, 1997 – Present 
  • Trustee Emeritus, Vineland Public Library, in recognition of having served 24 years on the Board of Trustees of the library with two years having served as president
  • Jewish Federation of Cumberland County 
    • Past president, 2006 – 2008
    • Director Emeritus
    • Member, Board of Directors, 1985 – Present
       

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Education

  • University of Chicago Law School, J.D., 1971
  • American University – School of International Service, B.A., cum laude, 1968
    • John F. Kennedy Memorial Scholarship, 1967