Jay A Jaffe

Professional Memberships

New Jersey State Bar Association

Publications

Contributing Author, Commercial Real Estate Transactions in New Jersey (NJICLE, 4th Ed 2019)

Contributing Author, ISRA Compliance: Environmental Issues in Transactions, Brownfield Redevelopment and the Site Remediation Reform Act (NJICLE, 8th Edition 2013)

Work Highlights

Counseled an international Fortune 500 retailer on large-scale retail and commercial developments totaling millions of square feet across multiple locations, advising on redevelopment approvals, PILOT agreements, environmental remediation, land use and zoning, construction permitting, and leasing matters.

Representing L’Oréal USA in a national real estate and environmental engagement supporting acquisitions, leasing, development, and operation of manufacturing and research facilities, including ISRA compliance, renewable energy and power off-take agreements, sustainability initiatives, and tax assessment matters. The firm’s recent work includes advising L’Oréal on the development and opening of its flagship New Jersey Research & Innovation facility, featuring an onsite solar microgrid, battery storage, EV charging infrastructure, and peak-shaving controls.

Represented Veris Residential, Inc. in transactions involving the sale of three Class A office buildings, a mixed-use retail/commercial building, and a commercial development site in Jersey City. We served as real estate counsel on the mixed-use property and as New Jersey local counsel on the remaining assets. The firm also acted as environmental counsel across all transactions, negotiating provisions and facilitating the transfer of permits. The deals were collectively recognized by NAIOP NJ as the 2024 “Mixed-Use/Commercial Deal of the Year.”

Represented an affiliate of a multi-generational family-owned real estate firm in the development and $83 million sale of two Class A multifamily buildings in Rahway, securing land use approvals, negotiating redevelopment and financial agreements, advising on environmental remediation, and managing complex regulatory, title, and permitting issues through closing.

Provided real estate and land use support in the firm’s successful representation of Des Champs Laboratories, in which the New Jersey Appellate Division struck down an unauthorized NJDEP regulation that would have significantly expanded cleanup obligations under the ISRA.

Advising a national media and information company on ISRA compliance and PFAS related contamination issues at multiple New Jersey facilities, including pursuing claims against former owners and managing environmental issues in property dispositions.

Representing a multinational climate-control manufacturer in long-running regulatory proceedings with the NJDEP, including negotiating settlements, overseeing ISRA compliance, and pursuing insurance coverage for environmental liabilities.

Representing the country’s largest ready-mix concrete supplier in environmental and ISRA compliance matters related to real estate and stock acquisitions in New Jersey, including oversight of remediation obligations for acquired properties.

Serving as New Jersey environmental counsel to a multinational specialty coatings manufacturer in connection with ISRA compliance, remediation liability allocation, operating permits, and the acquisition and disposition of environmentally complex properties.

Served as environmental counsel on the remediation and redevelopment of the former General Motors assembly plant in Linden, including regulatory strategy, brownfield remediation, and state incentive negotiations. Secured a multi-million-dollar redevelopment grant and obtained full reimbursement approval from state authorities as the project generated significant tax revenue through national retail tenancy.

Representing Avery Dennison in addressing legacy environmental liabilities at a New Jersey manufacturing site, including multi-property groundwater contamination, allocation among potentially responsible parties, and emerging contaminants.

Career

Jay concentrates his practice on environmental transactional and administrative law, with a focus on environmental contamination, remediation, and related business issues. He represents developers, property and business owners, landlords, tenants, manufacturers, and other clients in matters involving hazardous substances, waste materials, PFAS, chlorinated volatile organic compounds (CVOCs), tetrachloroethene (PCE), and other environmental contaminants.

He advises clients on the evaluation, allocation, and management of environmental liabilities in real estate and business transactions, including purchase and sale agreements, stock and membership interest transactions, leases, and financing arrangements. Jay counsels clients on compliance with federal and state environmental laws, including New Jersey’s Industrial Site Recovery Act (ISRA), Spill Compensation and Control Act, the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Resource Conservation and Recovery Act (RCRA) statutes, underground storage tank regulations, and New Jersey’s Site Remediation Reform Act and Licensed Site Remediation Professional (LSRP) program.

Jay has significant experience in the acquisition, cleanup, and redevelopment of contaminated properties and brownfield sites in New Jersey. He coordinates environmental due diligence and remediation activities, including Phase I Environmental Site Assessments, and works closely with environmental consultants and engineers in complex real estate transactions. He also negotiates with regulatory agencies, including the EPA and New Jersey Department of Environmental Protection (NJDEP), and advises clients regarding cost recovery options.

His practice includes negotiating environmental provisions in contracts, leases, loan documents, environmental services agreements, and access agreements related to investigation and remediation activities. Jay also advises clients on environmental insurance claims, asbestos, mold, vapor intrusion, deed notices, institutional and engineering controls, remedial action permits, administrative consent orders, classification exception areas, and biennial certification requirements.

Education