David A. Brooks

David Brooks concentrates his practice in the area of environmental law, especially regulatory compliance, including compliance with the Industrial Site Recovery Act; solid waste and hazardous waste and substances management; Brownfields redevelopment; and remediation and litigation under the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) and the New Jersey Spill Compensation and Control Act. Mr. Brooks has extensive experience negotiating and drafting environmental liability apportionment clauses in real estate contracts and corporate transaction documents and he has knowledge of environmental insurance products. He has also worked on numerous Brownfields redevelopment projects.

Mr. Brooks previously served as Deputy Attorney General for the State of New Jersey Department of Law and Public Safety, Division of Law. In this capacity, he represented and advised the New Jersey Department of Environmental Protection and the New Jersey Board of Public Utilities in connection with solid waste, telecommunications, cable, energy, and water matters.

Education
University of Denver College of Law (J.D., 1998)
Executive board member of the Public Interest Law Group
General editor of the Denver University Law Review

University of Chicago (AB, 1993)

Professional Admissions
State of New Jersey 1999

State of New York 1999

Commonwealth of Massachusetts 1998

United States District Court for the Northern District of New York 2004

United States District Court for the Southern District of New York 2003

United States District Court for the Eastern District of New York 2003

United States District Court for the District of Massachusetts 2002

United States District Court for the District of New Jersey 1999

Professional Activities
New Jersey State Bar Association

Justice Stewart G. Pollock Environmental American Inn of Court

Publications
"NJDEP Clarifies Obligation to Remediate Contamination from Historic Pesticide Use," RPE Law Alert, June 25, 2014

"Vapor Intrusion Investigations: Community Outreach Is a Necessity," New Jersey Law Journal, November 25, 2013 (David A. Brooks, Camille V. Otero, Sandro G. Ocasio)

"Appellate Division Finds a Six Year Statute of Limitations Applicable to New Jersey Spill Act Claims," RPE Law Alert, September 4, 2013

"New Report Considers Options For Tweaking Brownfields Programs in NY," RPE Law Alert, May 2, 2013 (Adam C. Arnold, David A. Brooks)

"Final ARRCS Rules Adoption Published in NJ Register," RPE Law Alert, May 7, 2012

"NJDEP Clarifies Impact of Site Remediation Reform Act on Requirements of Administrative Consent Orders and Remediation Agreements," RPE Law Alert, February 14, 2012

"Vapor Intrusion: Opportunity for Comment with EPA," RPE Law Alert, April 26, 2011

"Department of Environmental Protection Invites Comments on Major Overhaul of Rules Governing Clean-ups," In-Sites, December 23, 2010 (David A. Brooks, Uzoamaka N. Okoye, Edward F. McTiernan)

"The Lighter Side of LSRP: Opportunity to Reduce Remediation Funding Source in New Jersey," RPE Law Alert, September 22, 2010

"NJ LSRPs Open to Frivolous Claims," RPE Law Alert, August 2, 2010

"New Day Care Center Licensing Requirements," Mid Atlantic Real Estate Journal, December 19, 2008 (David A. Brooks, Ivette P. Alvarado)

"The Duty of Environmental Consultants," New Jersey Law Journal, August 27, 2007 (Susanne Peticolas, David A. Brooks)

"Keeping the Facts (And Advice) Straight: Recognizing and Preventing Conflicts of Interest When You Hire an Environmental Consultant," The Metropolitan Corporate Counsel, April 2007 (Susanne Peticolas, David A. Brooks)

"Seller Beware: Disclose Latent Environmental Conditions," In-Sites, December 13, 2006

"Grace Act Rules: Graceless," In-Sites, Special Alert, October 6, 2006

"In Startling Reversal of Precedent, Third Circuit Joins Other Circuits on Recoverability of CERCLA Oversight Costs," In-Sites, May 12, 2006

Quotes/Interviews
Quoted in "New Jersey Legislation to Watch in 2013," Law360, January 1, 2013

Quoted in "Sandy Could Change the Face of Coastal Development in NJ," Law360, November 5, 2012

Speaking Engagements
Panelist, New Jersey Institute of Technology, "Environmental Problem Solving Seminar," Newark, NJ. March 5, 2014

Speaker, New Jersey State Bar Association, "Hold Your Breath: Continued Migration of Vapor Intrusion Regulation," June 22, 2013

Speaker, New Jersey State Bar Association and New Jersey Institute for Continuing Legal Education, "Recent Developments in the New Jersey Spill Compensation and Control Act," Las Vegas, NV. October 11, 2012

Moderator, NJSBA Environmental Law Section and NJICLE, "Vapor Intrusion: Old Problems - New Rules," Avalon, NJ. June 24, 2011

Honors/Awards*
Listed in The Best Lawyers in America, Litigation - Environmental

Listed in Super Lawyers, Environmental, 2014
Listed as Super Lawyers Rising Star, Environmental, 2011

News
Gibbons Real Property & Environmental Team Members Contribute Chapter in Brownfields Publication

Gibbons Congratulates 2012 Class of Directors and Counsel

Judicial Clerkship(s)
Law clerk to the Honorable Theodore A. Winard, Superior Court of New Jersey, Essex Vicinage.

Representative Cases
Hartman, et al v. New Jersey Racing Commission, 352 N.J. Super. 490 (App. Div. 2002)

Nichols v. The Prudential Insurance Co. of America, 406 F.3d 98 (2nd Cir. 2005)


*No aspect of this communication has been approved by the Supreme Court of New Jersey. Further information about methodologies for rating or selecting attorneys is available on our website’s Award Methodology page.

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David A. Brooks Attorney at Law
David A. Brooks
Director
Real Property & Environmental

Practice Areas
Environmental
Real Property & Environmental
Sandy Relief Task Force

Contact Information
One Gateway Center
Newark, NJ 07102-5310

Direct: 973-596-4719
Fax:      973-639-8342
DBrooks@gibbonslaw.com
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