Mr. Jaffe concentrates his practice in environmental transactional and administrative law. He represents developers, property and business owners, landlords and tenants, manufacturers and other clients on a broad range of environmental legal issues.
Mr. Jaffe assists clients in the evaluation, allocation and avoidance of liabilities under various federal and state environmental laws, including New Jersey’s Industrial Site Recovery Act (ISRA) and Spill Compensation and Control Act, the federal CERCLA statute, Underground Storage Tanks (UST) regulations, and the requirements of New Jersey’s recently enacted Site Remediation Reform Act and its Licensed Site Remediation Professional (LSRP) program. He provides comprehensive counsel on compliance obligations and risk management options.
Mr. Jaffe is highly knowledgeable regarding issues associated with the acquisition, cleanup and redevelopment of contaminated properties and brownfield sites. This includes the negotiation of environmental provisions in contracts, leases and loan documents. He has extensive experience in overseeing and coordinating environmental due diligence in real estate transactions, and has coordinated numerous environmental due diligence investigations involving multi-million dollar transactions. Mr. Jaffe negotiates on behalf of clients with regulatory agencies including the U.S. Environmental Protection Agency and the New Jersey Department of Environmental Protection, and advises clients on potential cost recovery options. He also provides guidance on environmental conditions pertaining to the management of commercial properties, such as asbestos, mold and vapor intrusion.
Des Champs Laboratories, Inc. v. Martin — Mr. Jaffe provided environmental related support in the firm’s successful representation of plaintiff Des Champs Laboratories in Des Champs Laboratories, Inc. v. Martin, 2012 N.J. Super. LEXIS 115 (App. Div. 2012), in which the Court struck down an unauthorized regulation of the New Jersey Department of Environmental Protection (NJDEP) which threatened to significantly increase clean up obligations under the Industrial Site Recovery Act (ISRA) for businesses using very small amounts of hazardous substances.