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Environmental, Real Estate, and Litigation Counsel

Where Finance Meets the Environment: N.W. Bernstein & Associates, LLC's lawyers have environmental, real estate, financial and litigation experience to help clients solve multi-disciplinary environmental problems, including structuring environmentally sensitive business transactions and planning for EPA's new and upcoming regulations that will affect a wide range of commercial and industrial activities.  We can provide advice on traditional US environmental matters such as CERCLA, Brownfield redevelopment, the Clean Water Act, RCRA citizens' suit defense, and on challenging proposed new government regulations. With two back-to-back wins in the Seventh Circuit and completion of two briefs in the Supreme Court of the United States within eleven months, we have demonstrated strong federal appellate litigation skills. Our recent successes in representing the White Plains Housing Authority against a major petroleum distributor is illustrative of our District Court abilities. We also have relationships with counsel in London, Shanghai, Dusseldorf, Frankfurt, and Mexico City that provide us with a UK/EU/Mexico environmental and financial capability. Our 2016 White Paper on EPA's new ozone rules, which will go into effect in October 2017, is available upon request. Our firm is now the U.S. New York representative on environmental issues to IR Global, the UK based international legal referral network.

Firm News & Articles

Latest Developments:

For Norm Bernstein's views on the CERCLA 107/113 issue as expressed in the "Voluntary vs. Compelled Cleanup" section of the recent Bloomberg BNA article (p. 2) titled "Finding the Divide Between CERCLA Cost Recovery and Contribution Actions," click here.  Reproduced with permission from Toxics Law Reporter, 30 TXLR 235 (March 5, 2015). Copyright 2015 by The Bureau of National Affairs, Inc. (800-372-1033) < http://www.bna.com>

On December 16, 2014, the United States District Court for the Southern District of New York denied motions by Getty Properties Corp. and a current owner, Singer Real Estate Group, to dismiss claims we filed under the Resource Conservation and Recovery Act and state law Navigation Law, private nuisance and negligence on behalf of our client the White Plains Housing Authority. For the Court's opinion, click here. In April 2016, that case was selected by Bloomberg BNA as one of a handful "of significant Superfund cases pending at the end of first quarter 2016."

On January 27, 2014, the Supreme Court of the United States denied a petition for certiorari that sought to overturn our defeat of DOJ's arguments in the Seventh Circuit in Bernstein, et al. v. Bankert, et al. To see a copy of the front page Bloomberg Toxics Law Reporter article on our successful opposition brief in the Supreme Court, click here. For the Seventh Circuit's decision, click here. On January 20, 2015, the Supreme Court denied certiorari on a petition that we filed on behalf of Hobart Corporation, Kelsey-Hayes Company and NCR Corporation that sought review of a Sixth Circuit CERCLA decision that applied the shortest possible CERCLA statute of limitations to bar a contribution action that those companies had brought.

Office Location

N.W. Bernstein & Associates, LLC
800 Westchester Avenue
Suite N319
Rye Brook, NY 10573-1361

Telephone: 914.358.3500
Fax: 914.701.0707

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