Flaster/Greenberg represents the owner of a contaminated commercial property in Jersey City, New Jersey in a suit filed in Federal Court by the Riverkeeper and Jersey City residents. The suit seeks cleanup of properties built on waste sites within the town. Our client's property, a shopping mall, had been built on a site that had been used for disposal of chromium. The waste disposer was also sued as a co-defendant.
In an earlier ruling in a related case, the judge had required the waste disposer to remove all of the contaminated soil under a neighboring site, the cost of which exceeded several hundred million dollars. Our client, concerned that the judge would require a similar outcome for the shopping mall, was successfully represented by Environmental Law attorney Janet S. Kole.
"The case was a challenge," said Janet, who negotiated a deal to settle with both the plaintiffs and the waste disposer in the suit. As part of the settlement, the company agreed to indemnify our client from all related costs and to complete all necessary remediation work required on the site. Keeping our client in the case only for purposes of access, the plaintiff agreed to drop all substantive; claims against our client as a result of the agreement and settlement.