Mr. Cappola concentrates on brownfield and landfill redevelopment, land use, and regulatory compliance with the Industrial Site Recovery Act, Site Remediation Reform Act and the Solid Waste Management Act. He provides counsel to businesses and developers by identifying the applicability of, and developing strategies for obtaining environmental and land use permits from local, state and federal agencies. He has extensive experience with all aspects of real estate development, which includes: due diligence, property acquisition, financing, permitting, liability protection, environmental insurance and negotiating and drafting real estate purchase and sale agreements and redevelopment agreements with municipalities.
In addition, he has extensive experience negotiating with state and federal agencies regarding obtaining permits for projects regarding waterfront development, coastal areas, tidelands, flood hazard areas and wetlands. Another expertise of Mr. Cappola is negotiating with regulatory agencies to obtain permits for the development of wetland mitigation banks.
He has experience with assisting clients in complying with the Resource Conservation and Recovery Act with regard to handling, processing, storing and disposing of hazardous waste.
Another area of practice is state and federal cost recovery litigation (NJ Spill Act/CERCLA) transactions along with environmental insurance coverage disputes. His experience includes advising clients on cost recovery options related to purchasing contaminated property and defending clients regarding state Spill Act claims and federal Superfund claims. He also defends clients in the New Jersey Office of Administrative Law with regard to NJDEP violations and penalties.
Alternative Energy development projects have been a focus of Mr. Cappola's practice. He has assisted with due diligence, property acquisition, permitting, financing and development of alternative energy projects, which include: solar and geothermal sources of energy.
Mr. Cappola is a member of the New Jersey State Bar Association (Environmental Law Section) and is a member of the Environment and Energy Section of the ABA. He has been appointed by the NJDEP to be a member of: NJDEP-LSRP Measures Of Success Committee; NJDEP-DLUR-Flood Hazard Area Rules Committee; and NJDEP Solid and Hazardous Waste Rules Committee. He is also on the board of the NJ Environmental Business Council of CIANJ. Mr. Cappola has been selected for inclusion in Chambers USA directory (2013), New Jersey Best Lawyers list (2012), New Jersey Super Lawyers list (2012).
Mr. Cappola has published articles on the NJDEP Flood Hazard Area Rules and Site Remediation Reform Act. He has contributed to the New Jersey Environmental Handbook, as author of the Hazardous Substance Chapter. He also lectures on the Site Remediation Reform Act, brownfield redevelopment, corporate regulatory compliance, Flood Hazard Area Rules, state financial incentive programs and Wetland Mitigation Banks.
•NJDEP Deadline for Remedial Investigations is Approaching
•Rebuilding After Hurricane Sandy
New Jersey Environmental Handbook, Hazardous Waste Chapter - 2014