*No aspect of this advertisement has been approved by the Supreme Court of New Jersey or the American Bar Association. A description of the standard or methodology used by Super Lawyers can be found here.
Douglas I. Eilender, Co-Chair of the firm’s Environmental Law practice group, emphasizes in his practice all aspects of environmental law, including corporate and real estate transactions, including due diligence investigations and negotiating the environmental provisions of those transactions, as well as regulatory and land use matters. Doug’s practice also includes the oversight and negotiation of cost recovery and insurance coverage claims. Part of his practice focuses on the redevelopment of Brownfield sites that are underutilized due to contamination.
Prior to his legal career, Doug was associated with a national environmental consulting and engineering firm. As an environmental consultant, he conducted and managed environmental due diligence audits, which included Phase I and Phase II environmental site assessments, asbestos and lead paint surveys and water quality analyses. As such, he is well positioned to interact with environmental consultants and provide accurate practical business advice to clients.
Doug has been named to the New Jersey Super Lawyer List, most recently in 2020, 2021 and 2022.*
Doug has played a prominent role representing an array of businesses, developers, real estate entities, big box retailers and financial institutions, including:
- An international paper company with the sale of one of its mills in central New Jersey, which included negotiating a protective purchase and sale agreement with a sophisticated buyer. As this was an industrial property that has had a storied environmental past, our services included managing significant site investigation, coordinating and satisfying buyer’s consultants, procuring environmental insurance, transferring water allocation rights and obtaining NJDEP clearance to close prior to obtaining administrative closure under the Industrial Site Recovery Act.
- A national finance company in reviewing and assessing environmental risks and negotiating loan documents and obtaining lender’s pollution legal liability insurance for numerous properties throughout the United States.
- A national retailer in securing Brownfields approval, which allowed it to recover in excess of $1 million of its remediation costs;
- A car dealership in performing environmental due diligence, development and financing of a service facility;
- A car dealership in the environmental aspects of the acquisition and financing of a former motorcycle dealership, including the performance of environmental due diligence and subsequent cleanup that received a conditional response action outcome (RAO) issued by a licensed site remediation professional (LSRP);
- A health care company to perform environmental due diligence and cleanup of several properties in New Jersey;
- A national finance company in reviewing and assessing environmental risks and negotiating loan documents associated with a loan secured by a retail pharmacy formerly operated as a gas station located in Missouri that was enrolled in Missouri’s UST Fund Program;
- A wire hanger manufacturing company in navigating New Jersey’s Industrial Site Recovery Act (ISRA) with New Jersey Department of Environmental Protection’s issuance of an Entire Site, Unrestricted No Further Action Letter;
- A machine and tool manufacturing facility in the completion of the requirements of ISRA with the issuance of an RAO from an LSRP;
- A shopping center owner as local environmental counsel in lease negotiations with several national retail tenants; and
- Advising clients on obtaining federal, state and local permits needed to develop in or near environmentally sensitive areas, such as wetlands, coastal areas, streams, flood ways and the Pinelands.
Doug has been an active member of the International Council of Shopping Centers.
- International Council of Shopping Centers
- NJDEP Interim Rule Modification Extends Mandatory Remedial Action Timeframe, February 11, 2021, READ HERE
- Lenders, Now Is Not The Time To Skimp on Environmental Due Diligence (hint: there never really is), June 24, 2020, READ HERE
- NJDEP Notification Requirements Remain – Despite COVID-19 Concerns, March 26, 2020, READ HERE
- Fear Not – Lending on Environmentally Challenged Real Estate, June 2019 EBA Summer Journal
- Fear Not – Lending on Environmentally Challenged Real Estate, Spring 2019, View from the Bar, READ HERE
- Environmental Tips From An Environmental Attorney, February 8, 2019, READ HERE
- Environmental Tips From One Of Our Environmental Attorneys, Fall 2018, View from the Bar, READ HERE
- NJDEP Maintains the Authority to Take Perpetual Easement as Part of Condemnation Proceeding at NJ Shore, June 28, 2017, Environmental Law Bulletin, READ HERE.
- Mandatory Cessation of Perc Dry Cleaning Equipment Located in Buildings with Residential Use by December 21, 2020, Environmental Law Bulletin, September 30, 2016, READ HERE.
- General Partners Held Individually Liable Due to Failure to Perform Proper Environmental Due Diligence Prior to Acquisition of Property in New Jersey, April 15, 2016 Environmental Law Bulletin, READ HERE.
- New Jersey’s High Court Finds There is No Time Limitation to Bring a Spill Act Claim, Environmental Law Bulletin, February 3, 2015.
- The New Environmental Due Diligence Standard Saga Continues, Environmental & Energy Law Monitor, January 30, 2014.
- May 2014 is not that far away – New Jersey’s Mandatory Deadline for Remedial Investigations, Environmental & Energy Law Monitor, July 10, 2013.
- EPA Issues Revised Enforcement Guidelines Regarding Tenant Liability Under CERCLA’s Bona Fide Prospective Purchaser Provision, Environmental & Energy Law Monitor, February 26, 2013.
- New Jersey Property Tax Refunds May Be Held To Cover Environmental Remediation, Environmental & Energy Law Monitor, September 20, 2012.
- Practical Considerations in Real Estate Transactions in Light of SRRA, New Jersey Law Journal, June 4, 2012.
- Essex Chemical Successfully Challenges NJDEP’s Natural Resource Damages Suit, Environmental and Energy Law Monitor, April 12, 2012.
- NJDEP has Finalized its Vapor Intrusion Technical Guidance Document, Environmental & Energy Law Monitor, January 25, 2012.
- New Jersey Appellate Court Grants Hearing to Contest Rescission of a No Further Action Letter, Environmental & Energy Law Monitor, November 30, 2011.
- Public Notification and Outreach Rule Update, Environmental & Energy Law Monitor, August 26, 2011.
- NJDEP Proposes Common Sense Waiver Rule, Environmental & Energy Law Monitor, March 11, 2011.
- Proposed Amendments to DEP Site Remediation – Mandatory and Regulatory Timeframes, Environmental & Energy Law Monitor, December 1, 2010.
- NJDEP’s New Vision, Environmental & Energy Law Monitor, September 20, 2010
- Interim Regulations Passed That Revamp New Jersey’s Site Remediation Program, Environmental & Energy Law Monitor, January 6, 2010.
- Ask A Lawyer: Environmental Review is a Must, The Record, September 24, 2009.
- Public Outreach Rule Deadline Approaching, Environmental & Energy Law Monitor, July 31, 2009.
- Governor Corzine Signs Site Remediation Reform Act, Environmental & Energy Law Monitor, May 8, 2009.
- NJ Proposes A Licensed Site Professional Program, Environmental & Energy Law Monitor, March 5, 2009.
- Ask A Lawyer: Gasoline in the Soil: Two Long-Term Worries, The Record, June 17, 2008.
- Asbestos Still Used in Buildings Today, Cole Schotz Docket, Spring 2008.
- The Impact of NJDEP’s Vapor Intrusion Guidance, New Jersey Law Journal, February 6, 2006.
- Reporting Historical Contamination, New Jersey Law Journal, February 16, 2004
Implications of the New ASTM Standard for Phase I Environmental Site Assessments
February 23, 2023The United States Environmental Protection Agency (“EPA”) recently approved a new American Society for Testing & Materials (“ASTM”) Standard Practice for Phase I Environmental Site Assessments Process (“Phase I ESA”), which took effect on February 13, 2023. Although the existing standard, ASTM E1527-13, may still be used, it will be phased out by February 13, […]
Deal Alert: Mandelbaum Barrett PC represented a major real estate developer in the consolidation and refinancing of 7 separate loans secured by 7 shopping malls
May 19, 2022Deal Alert: Mandelbaum Barrett PC represented a major real estate developer in the consolidation and refinancing of 7 separate loans secured by 7 shopping malls into a $75,000,000 loan that allowed the borrowers to reduce its other obligations and provide it with additional funds for future acquisitions and renovations for its ongoing projects. The team […]
Practice Spotlight: Environmental Law
May 9, 2022Our Environmental Law Practice Group works in tandem with the firm’s Corporate, Real Estate, Trust and Estates, and Banking & Financial Services Practice Groups in all types of transactional matters. These transactions range from stock sale agreements, asset purchase agreements, real estate purchase and sale agreements, leases, ground leases, estate planning as well as financing […]
NJDEP Interim Rule Modification Extends Mandatory Remedial Action Timeframe
February 11, 2021To supplement our prior Environmental Blog Article on this topic, on February 8, 2021, the newly appointed Commissioner of the New Jersey Department of Environmental Protection (“NJDEP”), Shawn M. LaTourette, announced a new Notice of Rule Waiver/Modification/Suspension (“Interim Rule Modification”), as part of NJDEP’s Executive Order No. 103 Notices (In EO 103, Governor Murphy declared […]
Lenders, Now Is Not The Time To Skimp on Environmental Due Diligence (hint: there never really is)
June 24, 2020The past few months have been a very challenging time on many different levels. However, one of the themes I am seeing is that lenders are ignoring the tried and true environmental due diligence protocols at a higher rate than I have ever seen before. This is very perplexing. At a minimum, adequate environment due […]
NJDEP Notification Requirements Remain – Despite COVID-19 Concerns
March 26, 2020Last week the NJDEP issued a Compliance Advisory reminding the regulated community that, despite the COVID-19 concerns, all of the requirements to notify NJDEP remain in effect. The reason for the reminder is so that the regulated community continues to be diligent in their efforts to notify NJDEP in accordance with applicable environmental statutes, rules […]
Environmental Tips From An Environmental Attorney
February 8, 2019Don’t Ignore Construction/Development Related Issues During Your Environmental Due Diligence. Appropriate environmental due diligence on commercial real estate typically consists of a Phase I Environmental Site Assessment/ Preliminary Assessment Report (“Ph I/PAR”). This includes a visual site inspection and review of aerial photographs, Sanborn Maps, historical regulatory records and databases. The Phase I/PAR identifies what one would […]
22 Attorneys Named to 2024 Best Lawyers List
August 17, 2023Mandelbaum Barrett PC is proud to announce that 22 lawyers were recognized to the 2024 Best Lawyers list. At Mandelbaum Barrett PC, we have always strived for excellence and have consistently sought to uphold the highest standards of legal practice. This recognition serves as a reminder of our ongoing mission to provide unparalleled legal representation […]
21 Mandelbaum Barrett PC Attorneys Named to 2023 New Jersey Super Lawyers Lists
May 11, 2023Congratulations to the Mandelbaum Barrett PC attorneys selected to the New Jersey Super Lawyers & Rising Stars lists that were just announced today. We think our team is pretty super too! Learn more about this award and the methodology used by Thomson Reuters here. No aspect of this award or advertisement has been approved by […]
Mandelbaum Barrett PC is pleased to announce that fourteen of our attorneys have been selected by their peers to the New Jersey Super Lawyers List* for 2022.
March 17, 2022Steven Adler, Michael Bevacqua, Andrew Bronsnick (**10th year as Super Lawyer and on the Top 100 list), Arla D. Cahill, David Carton, Damian Conforti, Doug Eilender, Raj Gadhok, Arthur Grossman, Barry Mandelbaum, Richard Miller, Michael Saffer, Robert C. Scrivo, Lynne Strober. In addition, the Firm is excited to announce that four of our attorneys were named to the Rising Stars list for 2022, which recognizes the top up-and-coming […]
14 Mandelbaum Barrett PC attorneys named to the 2022 Super Lawyers List as well as 4 named to Rising Stars list
March 17, 2022Mandelbaum Barrett PC is pleased to announce that fourteen of our attorneys have been selected by their peers as New Jersey Super Lawyers* for 2022. Each year, no more than five percent of the lawyers in the state of New Jersey are selected by the research team at Super Lawyers to receive this honor. In addition, the Firm is excited to announce that four of our attorneys were named to the Rising Stars list for 2022, which recognizes the top up-and-coming attorneys age 40 or under or who are in practice for 10 years or less. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
June 2017 Environmental Law Bulletin
June 28, 2017The Firm's Environmental Law Group has just issued an Environmental Law Bulletin which discusses easements that allow for publicly funded beach protection projects, which can include public access and use. Written by Member Doug Eilender this timely piece shed's light on the NJDEP’s right to use privately owned properties under a perpetual easement for post-Superstorm Sandy beach restoration projects.