Howard Davis P.C.

Case Studies

Government Financial Assistance Case Study

We obtained unique and unprecedented 100% funding through the New Jersey Environmental Infrastructure Trust and the New Jersey Department of Environmental Protection to construct a water main in order to provide clean drinking water to a condominium complex whose private well had been contaminated by naturally occurring radiological contamination.

In another unusual situation, we worked closely with environmental consultants and scientists to obtain a grant under the HDSRF to use innovative technologies to remediate chlorinated solvent pollution.

In yet another novel case, we appealed a decision of the DEP and the New Jersey Economic Development Authority (“EDA”) denying our client’s grant application. On appeal, we persuaded the Appellate Division to invalidate a regulation promulgated by the EDA that restricted an applicant’s eligibility to receive an “Innocent Party Grant”, on the grounds that the restriction was not authorized by the terms of the enabling statute, the Brownfield and Contaminated Site Remediation Act. Although the Legislature quickly amended the Statute after that decision, and the Supreme Court determined that the amendment applied retroactively to our client, see TAC Associates v. NJDEP, 2010 Lexis 592 (N.J. July 15, 2010), we nevertheless achieved a favorable outcome for our client as a result of the appeal, and DEP agreed to issue a No Further Action for the site.

On behalf of our clients we have assisted to secure OVER FOUR MILLION DOLLARS in grants.