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Lowenstein Sandler LLP

James Stewart

James Stewart

Partner

Lowenstein Sandler LLP
New Jersey, U.S.A.

tel: 973.597.2522
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Local Time: Wed. 07:34

Profile

Jay is one of New Jersey's foremost environment lawyers (Chambers 2011 - 2019). Clients value his ability to handle large and complex Superfund cases, a skill honed by his work on the nation's first Superfund trial followed by many federal matters involving remediation cost recovery and natural resource damage assessment.

Recognized for his extensive knowledge of state and federal environmental laws, Jay provides both trial and appellate representation in toxic tort actions, in addition to actions related to government enforcement penalties. Described as "extremely intelligent and creative in finding resolution alternatives" (Chambers), he has an outstanding track record in cases where the scope of his clients' liability is broad but their defenses are limited.

Outside litigation, Jay's counsel encompasses insurance coverage for environmental and toxic torts, pollution and remediation, trade credit, and directors and officers liability issues. Companies turn to him for advice on hazardous waste regulations, toxic substance regulations, Title V air pollution and permitting issues, toxic mold, and employee exposure to hazardous substances under the federal Occupational Safety and Health Act. Jay's hazardous substances liability representation extends to mergers and acquisitions as well as real estate sales, where his careful assessment of potential environmental liabilities informs contract provisions or insurance policies included in the transaction.

Jay also represents clients related to renewable energy issues such as the development of solar energy projects and purchase of solar energy generated at other facilities. A thought leader in his field, he publishes widely in professional journals.

Bar Admissions

    New York
    New Jersey

Education

New York University School of Law (J.D. 1981), cum laude, Editor, New York University Law Review
Seton Hall University (B.A. 1976), summa cum laude
Areas of Practice
Professional Career

Significant Accomplishments

Represents a pharmaceutical manufacturer in a Title V air permit penalty assessment and an administrative enforcement action by the U.S. Environmental Protection Agency.

Represents a group of companies in administrative and court actions regarding contaminated sediments in large river systems.

Represented a manufacturing entity in a class action toxic tort suit alleging property damage and injury from groundwater plume and vapor intrusion.

Represented a pharmaceutical company negotiating a power purchase agreement for energy from a solar energy facility to be constructed on adjoining land.

Represents insureds seeking coverage for environmental liabilities.

Represents retailers evaluating credit insurance purchase or claims under credit insurance policies.



Professional Associations


  • Board of Advisors, EPA Administrative Law Reporter
  • Adjunct Professor of Environmental Law, Pace University School of Law
  • New Jersey State Bar Association
  • New York State Bar Association
  • American Bar Association
  • Environmental Litigation Committee, Litigation Section
  • Natural Resources Section
  • NJ Green Building Council Committee on Green Building and Sustainability Valuation
  • ABA Committee on Climate Change, Sustainable Development and Ecosystems
  • ABA Committee Carbon and Energy Trading and Finance

Professional Activities and Experience

Accolades
  • New Jersey Super Lawyers (2005-2009, 2019) - Stewart
  • The Best Lawyers in America (2005-2020) - Stewart
  • Chambers USA: America's Leading Lawyers for Business (2011-2019) - Stewart

Blogs

Capital Markets Litigation
Lowenstein Sandler LLP 

Litigation News for the Global Financial Community

Articles

When purchasing TCI, a creditor should negotiate for the inclusion of policy provisions that grant the broadest possible protection from the risk of nonpayment of its accounts receivable and bankruptcy preference liability. Consulting with the right broker and attorney could be the difference between obtaining extensive, minimal, or no preference coverage.


A creditor purchases Trade Credit Insurance (TCI) to protect against the risk of a customer’s nonpayment of accounts payable owing to the creditor. This risk materializes upon a customer’s protracted nonpayment of invoices or bankruptcy filing. A creditor whose customer has filed for bankruptcy is stayed from collecting its prepetition claim and faces the prospect of a diminished or no recovery on its claim.


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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