Areas of Practice
- Brownfields Redevelopment
- Seton Hall University, School of Law J.D.
- Rutgers University, B.A.
Bar and Court Admissions
- New Jersey
- District Court of New Jersey
- U.S. Court of Appeals, Third Circuit
- State of New York
- District of Columbia
WANDA CHIN MONAHAN
Wanda Chin Monahan focuses her practice on environmental law and brownfields redevelopment. She represents both private and public clients, including developers, buyers and sellers of commercial and industrial properties, municipalities, counties and redevelopment authorities.
Ms. Monahan has extensive experience in matters involving site remediation and redevelopment, environmental risk management in real estate transactions, environmental liability, enforcement, regulatory compliance, cost recovery, natural resource damages, environmental insurance, solid waste, permitting, insurance coverage, preparation of grant applications and military base remediation and reuse. She also has extensive litigation experience in state, federal and administrative proceedings in matters involving the Spill Compensation and Control Act, Brownfields and Contaminated Site Remediation Act, Industrial Site Recovery Act, Hazardous Discharge Site Remediation Act, Underground Storage Tank Act, Water Pollution Control Act and the Local Redevelopment and Housing Act.
Ms. Monahan has been practicing environmental law exclusively since 1992, predominantly in site remediation and reuse and brownfields redevelopment. Ms. Monahan formerly served as Deputy Attorney General with the State of New Jersey representing the Department of Environmental Protection. Earlier in her career, Ms. Monahan was the partner in charge of the Environmental Law Department at a large New Jersey based law firm.
- Represents a large, national development firm with a strong New Jersey presence in the purchase and redevelopment of several contaminated sites.
- Represented a national developer which acquired a 380-acre site and was approved to build nearly 4 million square feet of industrial warehouse space. Ms. Monahan provided environmental due diligence services to negotiate the contract terms for the Client and currently oversees and coordinates the ongoing complex remediation and redevelopment with the development and environmental professional teams.
- Represented a national developer and served as environmental counsel to the client, who acquired a 177-acre former industrial property for $64 million. Ms. Monahan managed the client’s pre-acquisition environmental due diligence, negotiated contract terms and amendments, and coordinated the client’s environmental professionals, including the environmental consultant and environmental risk management firm. Significant issues that required resolution prior to closing included the seller’s management of on-site hazardous waste, TSCA-regulated PCB waste, and completion of remediation of specific areas of concern. Ms. Monahan advised the client of its post-closing obligations, including the importation of alternative fill, construction of engineering controls, establishment of institutional controls (CEA and Deed Notice), and management of newly-discovered contaminated soil. Ms. Monahan provided counsel in coordination with the client’s environmental risk management firm to procure an environmental insurance policy and continues to advise the client on management of insurance claims and closing the former ISRA cases on the site with NJDEP.
- Represented a national developer which acquired a 35-acre portion of one of the nation’s most infamous Superfund sites. Ms. Monahan advised the client on the results of the environmental due diligence and the remediation performed by the responsible party and negotiated an agreement allocating its post-closing obligations between the client and the responsible party. Ms. Monahan provided counsel in coordination with the client’s environmental risk management firm to procure an environmental insurance policy, advised the client on management of alternative fill, construction of the engineering controls and recordation of the deed notice. The client completed and sold the tenanted new, 193,805 square-foot logistics center.
- Represented a national developer in the acquisition of a 32-acre portion of a larger site subject to ISRA, with the seller retaining the remaining portion of the site. The client constructed a 658,946-square foot logistics facility. Ms. Monahan advised the client throughout environmental due diligence, which identified significant issues such as a former landfill, significant soil contamination including hexavalent chromium, ground water contamination, and natural resource damage claims. The client’s environmental liability was limited to being responsible for the construction of the engineering control caps as part of the redevelopment and post-remediation monitoring, maintenance and reporting and its risks were managed through negotiated contractual indemnities and environmental insurance.
- Represented a New York-based real estate developer with property holdings in New Jersey. Ms. Monahan defended the client in two NJDEP enforcement matters.
- Represented a client to acquire real property on which a former tenant conducted manufacturing of electronic hardware for military use. The tenant had left behind hazardous waste, and in order to re-let the property, the client began consolidating the waste for disposal. During the waste consolidation, the NJDEP inspected the property following an anonymous call and cited the client with numerous violations of solid and hazardous waste regulations. The NJDEP initially assessed a penalty of $329,450. Ms. Monahan submitted a Hearing Request and preserved the client’s defenses and due process rights and was ultimately able to negotiate and substantially reduced the penalty by more than one-half to $158,283.
- • Accelerate Land Reuse for Community Revitalization, Center for Creative Land Recycling
- NSCW Conference, BCONE
- Resources to Jump Start Your Vacant Property Redevelopment, BCONE
- Are Bank Loans or Private Lenders an Option, Passaic County Division of Economic Development
- Remedial Action Permit Application Training, Chemistry Council of NJ
- Environmental Presentation, CCIM
- The Role and Responsibility of the LSRP, Passaic County Division of Economic Development
- LSRP Roles and Responsibilities, CVP/SRAG
- Investigation – Requirements in NJDEP’s Site Remediation Program, Passaic County Brownfields Commission
- 3rd Party Spill Act Exempt Parties, CVP/SRAG
- Remedial Action Permit Application Training, Chemistry Council of NJ
- Community Engagement in the Remediation Process, Sustainable Jersey
- Due Diligence and Real Property, NJICLE
- Underground Storage Tanks: Regulations, Permitting, the Removal Process and the Cost, Passaic County Brownfield Commission
- The Industrial Conference, NAIOP
- “Women’s Initiative in the Legal Profession – Women Only Events,” NJALA Newsletter Jer-Z-Journal – Summer/Fall 2008
- “Remediating and Redeveloping Brownfields in New Jersey,“ ANJEC and CCLR – Assisted in the Development of this Manual – 2014
- New Jersey Bar Association – Environmental, Women and Minority Groups
- Treasurer and Member, Board of Trustees, Sustainable Jersey
- Passaic County Brownfields Commission
- Environmental Business Council
- Member, Brownfields Coalition of NorthEast
- Member, New Jersey Chapter, Society of Women Environmental Professionals