Arthur J. Clarke

Mr. Clarke specializes in environmental litigation, counseling, due diligence, and regulatory compliance matters. He has extensive technical experience with environmental remediation projects, waste management programs, facility compliance auditing, and pre-acquisition investigations. Mr. Clarke regularly represents clients before state and federal administrative agencies. He assists clients with the negotiation of environmental permits, regulatory compliance issues, and enforcement defense. He has designed and implemented environmental regulatory compliance and auditing programs for a number of clients. Mr. Clarke has led international and domestic due diligence teams in the investigation and assessment of environmental liabilities. Mr. Clarke also assists with negotiating the environmental aspects of corporate and real estate transactions. His experience includes litigating cost recovery actions, third-party contribution matters, and environmental insurance coverage cases. In addition to his legal experience, Mr. Clarke has more than ten years of experience as an Environmental Consultant where he managed numerous remediation projects for private and public clients including the United States Environmental Protection Agency.

Community Involvement:
Chairperson, Morristown (NJ) Environmental Commission
Member, Morristown Hospital Bio Safety Review Team

Published Book Chapter:
"Climate Change Ushers in a New Paradigm for Regulatory Compliance," Inside the Minds: The Legal Impact of Climate Change, Aspatore Books, A Thomson Reuters Business, 2008.

Published Articles:
"Green is Good for Business", The Economics of Green, ANJEC Congress, October, 2009

"New Jersey Breathes New Life into NJDEP's Site Remediation Program", Mid-Atlantic Real Estate Journal, June 12-July 9, 2009.

"Emission Inventories and Energy Audits,” ANJEC Report, Summer 2008 (with Hon. Alison Deeb).

"Former Defense Site Cleanups," Former Defense Sites Web Page, Spring 2008.

"Indoor Air Contamination at Raritan Center Day Care Causes Response," Former Defense Sites Web Page, Spring 2008.

"Environmental Due Diligence at the Crossroads: Goodbye Phase I, Hello AAI," Herold Law, P.A. Web Site, 2006.

"New Jersey’s Domestic Security Preparedness Task Force’s Chemical Best Practices Standards," Herold Law, P.A. Web Site, 2006 (with Craig S. Provorny, Esq.)

"USEPA's New All Appropriate Inquiry Standard," New Jersey State Bar Association-Environmental Law Section Annual Meeting, June 2005.

"Businesses May Face Heavier Cleanup Costs," New Jersey Law Journal, Vol. 179, No. 7, February 7, 2005.

"NJDEP Issues Draft Soil Remediation Standards" In-Sites, Special Alert, September 1, 2004.

"Toxic Vapor Intrusion:  Vapor Phase Migration of Volatile Organic Compounds," NJPA Real Estate Journal, January 14-January 27, 2005 (with Ajay Kathuria, P.E. and Christopher Richter).

"An Overview of New Jersey's Natural Resource Damage Program," Business Week, November 15, 2004 (with Edward F. McTiernan and Susanne Peticolas).

"NJDEP Legislative, Regulatory and Policy Update - Highlands Water Protection and Planning Act, Stormwater Regulations and ISRA Letters of Non-Applicability,"  In-Sites, Special Alert, April 30, 2004 (with Douglas J. Janacek and Gregory Alverez).

"NJDEP Stops Processing Certain LNA Applications," In-Sites, Vol. 12, No.2, April/May 2004.

"Emergency Preparedness: Ten Questions You Should Ask," Real Estate Finance Journal, December 2002.

"Port Expansion and Brownfields:  Perfect Together," In-Sites, Vol. 8, No.6, November/December 2000.

"Pre-Approval of Development Sites Through Silver Track for Municipalities," In-Sites, Vol.8, No.6, November/December 2000.

"EPA Launches New Hospital and Healthcare Environmental Enforcement Initiative," Gibbons Web Site 2001

"EPA's Y2K Penalty Waiver Policy:  An Attempt to Catch Environmental Problems Before They Happen," Environmental Law & Practice, Spring 1999

"Regulatory Programs Enhance Use of Bioremediation For Contaminated Environmental Media," Journal of Environmental Regulation and Permitting, July 1996

"RCRA Regulatory and Legislative Initiatives:  Change-Yes; Reform-Maybe," Environmental Section Newsletter, January 1996

"Lender Beware," The Federal Credit Union, July/August 1994

"Hiring Lawyers and Consultants," The Corporate Analyst, Vol.7, No.1, November 1994