Marty Judge Esq

Career

Marty M. Judge is a member of Flaster Greenberg’s Environmental and Real Estate Law Departments. He focuses on all facets of environmental litigation, in addition to environmental compliance and counseling work. Marty has widespread experience in environmental matters concerning CERCLA (Superfund), RCRA and New Jersey Spill Act actions; Natural Resource Damage (NRD) claims; ISRA applicability and compliance matters; underground storage tank issues; and indemnity and contribution actions among jointly responsible parties. His experience also includes water discharge and water allocation/resource law, brownfields and redevelopment, the environmental permitting components of land use, waste-water planning and federal/state wetlands jurisdiction matters, solid waste permitting and compliance, air pollution permitting and compliance, pesticide compliance and enforcement, administrative agency litigation and appellate jurisprudence, environmental insurance coverage claims and toxic tort litigation (including class action defense).

Marty joined Flaster Greenberg after serving as a partner with a large national firm and having previously served as chief environmental litigator at another substantial law firm. He also served as a Deputy Attorney General for the State of New Jersey representing the New Jersey Department of Environmental Protection in all facets of its work. He is the former law clerk to the Honorable Milton B. Conford (deceased), former Presiding Judge of the Appellate Division of the New Jersey Superior Court and a temporary member of the New Jersey Supreme Court.

Marty has, in the past, lectured at the request of the New Jersey Administrative Office of the Courts to New Jersey's Chancery Division Judges on environmental litigation issues. He has also been a participating lecturer at numerous environmental law seminars, has served as a moot court judge for the Rutgers Environmental Law Clinic, and has been a guest lecturer on environmental issues at Rutgers Law School. In addition to authoring and editing various other publications, he is a co-author of "History of Environmental Problems," the introductory chapter of The Environmental Dispute Handbook published by John Wiley & Sons in 1991.

Professional Memberships

American Bar Association, Member, Section of Environment, Energy, and Resources; Section of Litigation; Section of Administrative Law and Regulatory Practice; and Section of Dispute Resolution

New Jersey State Bar Association, Member, Board of Directors, Environmental Law Section

New Jersey Builders Association, Member, Environmental Affairs, Redevelopment and Legal Action Committees

Personal

Long active in Scouting, Marty has been an Assistant Scoutmaster of and currently serves as the Committee Chair for Troop 1, Abington, PA, Boy Scouts of America, which celebrated its 100th consecutive year in existence in 2017.

Marty is an avid tennis player. Aside from having played United States Tennis Association league tennis for a number of years, Marty has been invited to play on several invitational teams for intersectional and inter-district competitions, has played numerous USTA sanctioned tournaments at both the sectional and national levels, and has earned sectional and national rankings in various age groups in both singles and doubles.

Awards

Work Highlights

Served as lead or liaison counsel in several multi-million-dollar cost recovery/cleanup actions involving sites on the National Priorities List

Firsthand experience in managing complex, multiparty, multi-action litigation and has been called upon to address many issues of constitutional, statutory construction and jurisdictional dimension, in addition to basic environmental disputes

On behalf of a large developer, successfully defended an appellate challenge to the New Jersey Supreme Court brought by various environmental groups seeking to invalidate CAFRA, freshwater wetlands and stream encroachment permits issued by the NJDEP for a several hundred unit mixed-use development

Obtained favorable settlements and successfully litigated various cases to conclusion for both Fortune 500 and middle-market companies in matters involving cost recovery, CERCLA/Spill Act and penalty enforcement issues

Brought and maintained appellate challenges to NJDEP regulations

Successfully defended to the United States Supreme Court an action alleging a “taking” and for other damages brought by a downstream-water user seeking in excess of $1 billion for lost water diversion on behalf of a purveyor permitted to withdraw water from a large New Jersey river for drinking water purposes

Obtained dismissal on behalf of a real estate developer of an action brought by a competitor challenging the client’s receipt of a sewage treatment works approval to allow construction of a several hundred unit multifamily housing development, including low-income housing units

Successfully negotiated a collective five figure settlement in one of the first lawsuits brought by the NJDEP seeking to recover Natural Resource Damages (NRD) for groundwater contamination on two sites where the NJDEP had originally claimed the client’s liability was in the mid six-figure range for each of the sites separately

Education

Languages Spoken

French