Melissa Clarke

Melissa Clarke advises clients on New Jersey and federal environmental law. She represents clients’ interests in state and federal environmental litigation, with a focus on resolving liability at Superfund sites. She counsels clients on site remediation matters, including regulatory compliance and permitting, enforcement defense, and brownfields redevelopment. She also negotiates and drafts environmental contractual provisions in a wide variety of corporate and real property transactions.

Melissa’s environmental practice includes: 

• Environmental due diligence and remediation liability risk assessment in real estate transactions.
• Compliance with the New Jersey Industrial Site Recovery Act (ISRA).
• Cost recovery and contribution claims under CERCLA and New Jersey's Spill Compensation and Control Act.
• Defense of New Jersey Spill Act, Environmental Rights Act and common law claims.
• Assessment and defense of natural resource damages (NRD) claims under federal and state law.
• Drafting site access agreements and environmental provisions in commercial real estate and corporate agreements.
• Environmental land use compliance and permitting under federal and state law, including wetlands, waterfront development/CAFRA, flood hazard areas, riparian (tidelands), preserved farmland and Green Acres.
• Administrative law matters challenging and defending permit decisions.

Melissa also navigates complex real estate disputes and represents developers, lenders, title insurance companies and other clients in title disputes and coverage claims, foreclosure actions and other real property litigation.