John J. McAleese | McCarter & English, LLP

Clients say John McAleese “knows the practicalities of what we are facing and will give advice to get everything done efficiently.”—Chambers USA

When complex environmental regulatory and litigation issues surface, clients rely on John J. McAleese to help them resolve those matters. John has helped corporations in such industries as energy, chemicals, manufacturing, and real estate development address their environmental compliance and litigation needs for more than 30 years. Drawing on his prior experience as a chemical engineer, John is able to quickly assess risks and liabilities and offer his clients reasoned guidance based on their business objectives.

John helps clients move forward on important business transactions while managing environmental factors. He advises them on environmental issues in real estate transactions, conducting environmental due diligence, negotiating environmental provisions within financing agreements, and providing guidance on property transfer permitting and authorization requirements. John advises clients on environmental compliance as well as insurance coverage related to environmental risks.

When protecting clients’ interests require more direct action, he represents them in negotiating with environmental regulatory agencies or in defending them in civil and administrative environmental litigation. Such litigation includes cost recovery actions involving federal Superfund and similar state statues, enforcement actions, permit appeals, and environmental contamination toxic tort cases.

Counsels a real estate private equity company on environmental issues associated with nationwide acquisitions of properties.

Represented a mining company in redeveloping a former metals refining facility in New Jersey into industrial space and the sale of the company’s joint venture interest in a portion of the redeveloped complex.

Counseled a leading petroleum refiner and marketer in the acquisition of a petroleum refinery in the State of New Jersey.

Represented an international fast food company in an air permit appeal brought by neighbors to a property owned by the client in West Philadelphia. After the appeal was sustained by both the Philadelphia Board of License and Inspection Review and the Court of Common Pleas, the Pennsylvania Commonwealth Court reversed the Court of Common Pleas and upheld the permit issuance, thereby allowing client to proceed with the remediation of its property.

Assists a self-storage company in its acquisition of properties throughout the country. We conduct environmental due diligence and negotiate environmental issues in the transaction documents.

Represents three chemical companies in responding to an unprecedented New Jersey directive for a statewide cleanup of newly emerging contaminants (PFAS). Also, defending these companies against claims for natural resource damages (NRD) and NRD assessments brought by three states (New Jersey, for PFAS and other alleged contaminants, and New Hampshire and Vermont), and claims for damages by various water utilities in New Jersey and New York.

Advise a home construction company on environmental issues concerning the acquisition of portions of a former industrial plant in New York for development of residential housing.

Provide environmental counsel to a global engineering company concerning the construction of a water main required under a consent decree with the Pennsylvania Department of Environmental Protection.

Represented a global manufacturer in the environmental aspects of its acquisition of certain assets of another manufacturer’s industrial campus located in Tennessee. The representation included assisting the client with environmental due diligence, negotiating environmental provisions of the purchase agreement, handling permit transfers, and evaluating and managing environmental contamination at multiple locations.

Advised a financial holding company regarding the environmental regulatory issues associated with the Pennsylvania assets of a wind energy products manufacturer in connection with a financing.We provided environmental advice and due diligence related to this lender debt offering of the Pennsylvania assets.

Represent a global engineering company regarding issues associated with groundwater contamination discovered in the vicinity of one of its facilities in Pennsylvania. We previously represented the client concerning related lawsuits, including a class action and a cost recovery and contribution action brought under CERCLA.

Defending a motor oil company in a lawsuit filed by a multinational company seeking contribution to remediation efforts the multinational company made at the Lake Onondaga Superfund site in Syracuse, New York.

Represent a motor oil company concerning threatened claims by the U.S. Environmental Protection Agency pursuant to CERCLA for alleged releases from a mine in Nevada.

Represent a gas station chain concerning alleged groundwater contamination in the vicinity of one of its stations in Pennsylvania.

Representing a chemical company in a cost recovery and contribution litigation brought by another chemical company against multiple parties in New Jersey federal court seeking to recover the costs of remediating a Superfund site along a section of the lower Passaic River in New Jersey. The plaintiff chemical company alleges that our client and other parties are connected to the river’s contamination.

Representing an international specialty chemical manufacturer in defending against a personal injury action.

Conducting an investigation of anonymous allegations regarding environmental compliance at an international specialty chemical manufacturer’s West Virginia plant.

Represented an international specialty chemical manufacturer in an enforcement action brought against it by the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act. Obtained on an appeal before the Environmental Appeals Board a reversal of a $2.5 million penalty decision and dismissal in full of the EPA’s enforcement action. This is one of the largest penalty reversals in the history of the Environmental Appeals Board.

Represented an international specialty chemical manufacturer in an enforcement action brought by the State of New Hampshire alleging various violations of the State’s hazardous waste management laws and regulations. After a three-day trial, the court completely dismissed the State’s claims.

Represents an international manufacturer in connection with a New Jersey National Priorities List Superfund Site involving contaminated groundwater.

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