Given the breadth of the resources and uses that can be impacted by significant discharges of chemicals and hazardous substances into a surface water body, NRD claims are often the most significant, complex and costly environmental claims. Because the attorneys at Jackson Gilmour & Dobbs, PC are at the forefront of NRD litigation and related matters, we are able to add efficiencies and reduce costs through an understanding of and appreciation for the critical legal, scientific, and economic factors that must be addressed to effectively prosecute or defend against such claims.
Our attorneys have researched, analyzed and become acutely familiar with the issues and expert witness disciplines related to determining baseline, as well as other important legal issues associated with NRD, such as preemption, causation, retroactivity, statutes of limitation, scope of trusteeship and resource management, and the many issues impacting overlapping trusteeship.
Through our representation of both trustees and private sector clients, Jackson Gilmour & Dobbs, PC regularly guides our clients and their technical, economic, regulatory, and ecological expert witnesses at a very high level. Our attorneys have worked as both plaintiff and defendant with expert witnesses in all facets of NRD, including baseline, fate and transport, wildlife receptors, bioaccumulation, source identification, hydrology and hydrodynamics, toxicology, chemical fingerprinting, economic impacts and quantification of damages, restoration impacts, and various other disciplines involved in NRDA.
For example, in connection with the firm's representation of the State of New Jersey on the Passaic River matter, we guided over a dozen experts through intense and incredibly complex litigation and settlement efforts over the course of a decade. The ability to direct and efficiently manage this large expert team was essential to our client's ultimate victory and the recovery of over $355 million in costs and damages, including $67.5 million in restoration projects, and up to an additional $400 million in remediation costs, the largest environmental recovery of its kind in the history of the State of New Jersey.