Richard J. Conway, Jr., currently co-chairs the Environmental Law practice group. In his practice areas of environmental, real estate and business law, his focus includes buyers and sellers of assets and shares; banks and borrowers in loans and other matters; landlords and tenants; applicants in municipal land use applications; experts and consultants (drafting of permit applications, sampling and cleanup plans); local, state and federal agencies (within and outside of New Jersey); and consultants and licensed site remediation professionals ("LSRPs") (including against a board complaint). Before becoming a lawyer, Mr. Conway was a branch manager and lending officer of a major New Jersey bank.
Over the past 35 years Mr. Conway has authored and developed diverse articles and presentations. He has spoken to a wide range of audiences at many different seminars, meetings and courses. Topics have included the New Jersey Environmental Cleanup Responsibility Act (now the Industrial Site Recovery Act ["ISRA"]), the Site Remediation Reform Act ("SRRA"), environmental enforcement by NJDEP USEPA and others, other environmental laws and their impact on business planning, environmental restrictions and classification exception areas, reporting and disclosure obligations, brownfields, and underground storage tank issues.
Early in his career, he was a law clerk for Judge W. Dreier, New Jersey Superior Court (PJAD, retired) and Justice Coleman, New Jersey Supreme Court, (retired) then Law & Chancery Divisions, Union & Mercer Counties, New Jersey (1979-1980).
Areas of Concentration
- Detailed familiarity with state and federal environmental laws, compliance processes and applicability, particularly with regard to New Jersey’s SRRA and ISRA.
- Extensive transactional and counseling experience in a wide range of corporate, business and real estate transactions (including for brownfields) representing operating entities, sellers, buyers, landlords, tenants, trustees and lenders, including in workouts and foreclosures.
- Assists present and former owners, operators, managers, officers, directors, partners, members and shareholders in assessing and managing their present and contingent liabilities and concerns.
- Works extensively with persons responsible for conducting remediation and their licensed site remediation professionals in clean-up efforts.
- Assists litigators and clients in the preparation for, assertion of, and defense against, environmental claims. Regularly works with and/or supervises LSRPs, experts and consultants and their recommendations for, and drafting of, assessments, investigation and remediation plans and reports, permit applications, and audits.
- Regularly negotiates with third parties and local, state and federal agencies, both within and outside of New Jersey, to achieve client goals.
- Represents consulting firms and LSRPs in contract, regulatory and professional matters.
- Handles a wide range of environmental compliance and permitting issues, including child care centers, schools, hospitals, Highlands, wetlands, Coastal Area Facility Review Act (CAFRA), dams, spills, lender/fiduciary and individual liability, Superfund/Spill Act, waste management/recycling, facility siting, development and construction projects, energy projects (conventional, cogeneration, and alternative), Clean Air Act, NJPDES (water), multi-media audit programs, enforcement (notices of violation) and defense and settlement (including under natural resource damages [NRD] programs).
- Testified in 1992 & 1993 before the New Jersey State Senate and Assembly on amendments to ECRA/ISRA and The Spill Act.
- Testified in 1993 as a litigation expert on real estate and environmental issues.
- Served as expert witness for both Plaintiffs and Defendants in malpractice actions.
- Retained as a plaintiff's expert and twice as defendant's experts, in legal malpractice claims.
- Completed several settlements of state Natural Resource Damages claims, as well as a federal settlement of federal Natural Resource Damages claims.
- Served successfully as defense counsel for an LSRP faced with a complex NJDEP complaint to the LSRP Board, which complaint was dismissed in 2016.
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