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Ms. Otero focuses her practice primarily on environmental litigation, as well as environmental due diligence in real estate and corporate transactions, remediation, counseling, and regulatory compliance. She has represented clients in an array of litigation matters involving environmental liabilities arising from corporate transactions, contractual indemnification, and related successor liability disputes; and in public and private party suits under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the federal Resource Conservation and Recovery Act of 1976 (RCRA), the New Jersey Spill Compensation and Control Act (Spill Act), the Industrial Site Recovery Act (ISRA), and the New Jersey Landfill Closure Act, as well as under common law. She also has extensive experience assisting buyers, sellers, and developers in remediation activities, compliance, and environmental due diligence related to corporate and real estate transactions. She also has represented clients in matters related to odor and noise litigation arising from alleged complaints related to operations at manufacturing facilities in New Jersey. In addition, she has served as common and liaison counsel in complex multiparty litigation matters related to environmentally impaired properties.
Areas of Focus
Environmental Litigation
The components of her practice include:
- Litigation arising from the spill, release, discharge, and/or migration of hazardous substances into the environment, as well as enforcement proceedings concerning permit and other violations and alleged non-compliance with Administrative Consent Orders, including all aspects of litigation and developing unique case strategies that advance her clients’ interests, addressing environmental exposures including multiparty allocation proceedings, and utilizing creative strategic measures to minimize each client’s potential future risk to meet its business goals.
- Negotiation of settlement agreements between private parties and Consent Decrees with the NJDEP and USEPA
Remediation, Compliance, and Environmental Due Diligence
- Works with clients’ in-house environmental and technical personnel and outside environmental consultants on investigation and remediation of contaminated sites and permitting issues
- Assists clients with troubleshooting on-site operations, expansion, closure, and facility regulatory compliance issues
- Conducts due diligence investigations in real estate transfers, leasehold negotiations, and corporate transactions
Credentials
Education
Rutgers School of Law - Newark (J.D.)
- Managing Business Editor, Computer & Technology Law Journal
Bloomfield College (B.S., summa cum laude)
Professional Admissions
State of New Jersey
State of New York
United States District Court for the District of New Jersey
United States District Court for the Eastern District of New York
United States District Court for the Southern District of New York
Professional Activities
New Jersey State Bar Association
New York State Bar Association
Gibbons Law Alert blog (www.gibbonslawalert.com)
Editorial Board