Susanne Peticolas

Ms. Peticolas primarily represents clients in Superfund and Spill Act litigation, as well as in companion personal injury and property damage matters. Currently, she represents a number of companies in the massive Lower Passaic River Study, one of the largest contaminated sediment sites in the country.

In addition to litigating, she counsels clients on general regulatory compliance questions, including issues relating to the Resource Conservation and Recovery Act of 1976 (RCRA), Industrial Site Recovery Act (ISRA), Occupational Safety and Health Administration (OSHA), and New Jersey Site Remediation Reform Act. Matters she has handled include:

• • Representation of companies in the multi-party regulatory investigation of the Passaic River pursuant to an Administrative Order on Consent

• • Counsel to a paint company on a challenge to a National Priorities Listing on grounds of improper aggregation of sites

• • Counsel to potentially responsible parties in federal court CERCLA litigation

• • Counsel to a detinning company in private party CERCLA/RCRA litigation

Ms. Peticolas represents a number of clients in the massive Lower Passaic River Study. These parties have consented to perform the remedial investigation and feasibility study for the 17.2 miles of the lower Passaic from the Dundee Dam to the Newark Bay, a major waterway in the Newark Bay Complex in New Jersey. This matter is an administrative proceeding under the supervision of the United States Environmental Protection Agency, Region 2, and concerns a complex contaminated sediment river and ecosystem. It is of major significance to both the US EPA and the state of New Jersey.

She is also representing a number of clients as defendants in a private cost recovery litigation pending in federal district court related to the remedial activities in the Passaic River.

She represented a number of clients as third party defendants in the litigation filed by the state of New Jersey, in state court, for past costs incurred in connection with the Newark Bay Complex. Serving on the defense group executive committee, Ms. Peticolas was instrumental in effectuating the $32 million third party settlement with the state of New Jersey.

She assisted a client with an application for waiver of compliance with Class D recycling requirements under New Jersey’s Waiver Rule, successfully obtaining the first waiver granted by NJDEP under the rule.

Ms. Peticolas co-authored the annual update for the CERCLA and New Jersey Environmental Law chapters of the Thompson Reuters/West Business Law Deskbook, 2004-2018. She also authored a chapter in the New Jersey Environmental Law Handbook, Eighth and Ninth Editions.