•

•

Publications

Author, "OSHA Inspections for Consideration in 2007" in Construction Executive magazine (2007)

Author, "Controlling Global Warming, States Keep Their Cool and Take Action" published in Environmental Protection magazine (June 2006)

Author, "Responding To OSHA Inspections" (2001)

Professional Activities

Risk Management and Loss Prevention Committee, Licensed Site Remediation Professional Association (LSRPA)

Co-Chair, OSHA/New Jersey Industry Communication Alliance

Former Public Defender for the Borough of Glen Ridge

Past President, New Jersey Section of the American Industrial Hygiene Association

Former Chairman, Professional Conduct Committee of the New Jersey Society of Professional Engineers

Representative Experience

  Litigation:

Represented clients in CERCLA (Superfund) and state environmental remediation matters nationwide;

Managed & defended 1000+ asbestos and other product liability & toxic tort cases in NJ and nationwide;

Represented plaintiff in federal case recovering $6,500,000 and favorable future environmental terms at 14 sites nationwide;

Represented plaintiff in federal court in TX against adjacent petrochemical refinery recovering $1,300,000 past environmental costs and future indemnification;

Defended suit by State of NH seeking $1,500,000 for hazardous waste violations – the Court dismissed all claims after a trial on the merits;

Negotiated for prior property owner to perform environmental remediation at 7 facilities in 7 states resulting in savings to client of $2,000,000 over three years;

Defended construction contractor in case resulting from NJ power plant explosion and fire involving three fatalities and seeking $50,000,000 in damages;

Represented acetylene gas plant manufacturer in investigation by U.S. Chemical Safety and Hazard Investigation Board and personal injury litigation resulting from NJ plant explosion involving four fatalities and multiple injuries.

  Mergers and Acquisitions:

Directed environmental due diligence investigation of the sole active chromium ore refining facility in US and drafted & negotiated environmental terms of purchase for $40,000,000;

Drafted and negotiated terms & directed environmental disclosures in sale of NJ adhesives business for $16,000,000;

Negotiated and drafted terms of sale of aluminum chloride manufacturer in PA for $3,000,000, directed environmental disclosures, and arranged for recycling of 300,000 lbs of off-spec aluminum chloride realizing $300,000 savings;

Negotiated and drafted terms of sale agreement for driers and antiskinning product inventory and associated non-compete agreement and trademark license for US and Canada;

Drafted and negotiated documents for construction of $2,000,000 chromium chemical processing unit in NC and related service and supply contracts and confidentiality and trade secret agreements;

Directed environmental due diligence investigations for: purchase of chemical manufacturing plant in Netherlands for €48,500,000; mothballing of site in Newcastle, England; three acquisitions in which client advanced to second round of bidding; termination of joint venture site in Nashville, TN; and sale of industrial latex rubber manufacturing business with facilities in Malaysia, Australia, US, UK, Netherlands and South Africa.

  Real Property:

Represented owner of NJ property used for WWII munitions testing during munitions investigation and remediation and in subsequent suit for business interruption;

Represented developer of NJ golf course and condominium project on site of former petroleum product refinery in obtaining environmental and condominium law approvals;

Represented owner of multiple properties in environmental investigation and remediation and transfer for development and construction of new Prudential Center in downtown Newark, NJ, home of New Jersey Devils hockey team;

Directed remediation and marketing, drafted & negotiated terms of sale, for $1,000,000 of Brownfield property in NJ;

Negotiated and drafted terms of pipeline leases and easements for transportation of oil and petrochemicals to/from Port of Corpus Christi, TX in exchange for rent & indemnities for client;

Directed environmental investigation & drafted and negotiated sale terms for Vancouver, BC site for CA$2,300,000 and Toronto, ON Brownfield site for CA$2,100,000;

Advised on remediation & negotiated and drafted terms of sale of industrial Brownfield properties in NJ, GA, NC and Toronto;

  Regulatory Compliance:

Advised on federal and state, and foreign, environmental, health and safety regulations pertaining to manufacture, sale and distribution of specialty chemical products worldwide;

Defended and successfully resolved air permit violations in NJ, IL, TN, & TX, wastewater violations in IL, MO, NJ, & WV, and EPA PCB information requests, groundwater & soil compliance issues, and DOT requirements in TX;

Routinely advise clients on compliance with New Jersey Department of Environmental Protection requirements, including hazardous substances, site remediation, land use, and air permitting, including defense of enforcement actions (AONOCAPA's);

Routinely advise clients on compliance with OSHA requirements for worker health and safety, including response to inspections and notices of violations;

Conducted 20+ health, safety and environmental audits of facilities in US and Europe to OSHA & EPA requirements, comparable EU standards, and corporate best practices;

Solicited highest levels of USEPA to grant pesticide registrations for chromium-containing products and participated in OSHA rulemaking in regards to hexavalent chromium including litigation against OSHA and SBA hearings;