David C. Scott

Mr. Scott's environmental law practice emphasizes transactions, permitting, and regulatory compliance. He primarily provides counsel on environmental risks associated with real estate and business transactions, methods for mitigating those risks, and strategies for addressing environmental issues when they do arise, including the presence of hazardous substances in soil and groundwater, discharges from underground storage tanks, and the cleanup and remediation of contaminated sites. He also assists solid waste service vendors in obtaining the required A-901 licenses and Certificates of Public Convenience and Necessity required under New Jersey law.

Mr. Scott has played a significant role in the representation of private equity firms, manufacturers, retailers, lenders, and developers in mergers, divestitures, acquisitions, and the purchase and sale of commercial and industrial real estate properties. He has assisted in brownfield redevelopment projects and transactions at former industrial and commercial facilities, gas stations and other contaminated properties, including conducting pre-acquisition environmental due diligence. As part of his practice, he negotiates the environmental provisions in purchase and sale, stock purchase, access, and environmental indemnity agreements, and evaluates the viability of each redevelopment project. Mr. Scott also provides guidance related to the unique environmental compliance aspects of these transactions, including reporting obligations and analyzing remedial options.

His background also encompasses the analysis and management of environmental, health and safety (EHS) risks, the oversight of environmental compliance audits, and compliance with the New Jersey Spill Compensation and Control Act, the New Jersey Industrial Site Recovery Act (ISRA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Resource Conservation Recovery Act (RCRA), and other federal and state environmental statutes.

Mr. Scott has developed strong relationships with the New Jersey environmental regulatory community and frequently interacts with the New Jersey Department of Environmental Protection and Licensed Site Remediation Professionals (LSRPs) to ensure that the firm’s clients are properly and efficiently conducting the remediation of contaminated sites in accordance with applicable environmental laws and regulations. Building on these relationships, Mr. Scott assists clients in developing strategies for addressing compliance concerns, ensuring workplace and product safety, and responding to government inspections and inquiries.

Mr. Scott also guides clients through all phases of environmental permitting and the coordination of remedial activities in connection with redevelopment activities. His work in this area encompasses obtaining required approvals, modifications and renewals of New Jersey Pollutant Discharge Elimination System Permits, Remedial Action Permits, Coastal Area Facility Review Act Permits, Coastal and Freshwater Wetlands Permits, and the reporting and permitting requirements related to the operation and closure of underground storage tanks.

Results may vary depending on your particular facts and legal circumstances.