James Stewart Partner

New Jersey
T 973.597.2522 | F 973.597.2523



Jay is one of New Jersey’s foremost environment lawyers (Chambers 2013–2016). 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.


Representative Engagements

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

  • Chambers USA: America's Leading Lawyers for Business (2011–2016) – Recognized in the environmental category and praised by clients for “his strong legal knowledge and his ability to take complex legal language and render it understandable” and for being "extremely intelligent but also creative in finding resolution alternatives." Sources describe him as a "very fine attorney who is extremely bright, skilled and knowledgeable."

  • Best Lawyers in America (2005–2017) – Recognized in environmental law.

  • Super Lawyers (2005–2009) – Recognized in environmental law.

Speaking Engagements

  • Presentation, “Environmental Implications of Microbeads: What Life Sciences Companies Need to Know,” ACC NJ and Lowenstein Sandler Life Sciences Breakfast Series, May 28, 2015

  • Presentation, “Trade Credit Insurance,” Risk Mitigation Workshop sponsored by The Finance, Credit & International Business Association (FCIB), February 12, 2015

  • Presentation, “Demystifying Trade Credit Insurance, a Guide to Understanding and Negotiating Your Credit Insurance Policy,” The Finance, Credit & International Business Association, January 21, 2015 and November 13, 2014

  • Presentation, “Demystifying Credit Insurance - You Can Negotiate Your Policy,” Credit Insurance CLE Breakfast, October 28, 2014

  • Presentation, “Risk Mitigation Tools: Credit Insurance, Letters of Credit, Security Interests, Lien Rights, Setoff and More,” Credit & Financial Development Division Conference, September 19, 2014

  • Presentation, “Alternatives to Just Saying No When Unsecured Open Account Terms Are Too Risky,” National Association of Credit Management’s 118th Credit Congress & Expo, June 8-11, 2014

Publications

New Jersey Changes Electronic Waste Recycling System
Environmental Law & Litigation Client Alert, February 1, 2017
James Stewart, Sean Collier
Fourth Circuit Addresses CERCLA Arranger Liability
Environmental Client Alert, April 16, 2015
James Stewart, Nikki Adame Winningham
Definition of ‘Solid Waste’ to Undergo Changes in 2015: New Requirements for Showing Legitimacy in Recycling Processes
Environmental Client Alert, March 26, 2015
James Stewart, Sean Collier
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Press Mentions

James Stewart comments on how, in Lowenstein’s friend-of-the-court brief in Brown v. Plata, including a photo of a phone-booth-sized cage used to hold mentally ill inmates influenced the U.S. Supreme Court to order California to reduce critical and dangerous prison overcrowding. , New Jersey Law Journal , May 27, 2011
James Stewart discusses the environmental benefits of the waste-to-energy process, which burns waste at high temperatures and uses the heat to generate steam and electricity. , NJBiz , August 17, 2009
In an article about the U.S. Supreme Court's decision on contaminated Superfund sites, James Stewart comments on the implications of the New Jersey Spill Act. , NJBiz , May 11, 2009

Related Areas

Environmental Law & Litigation
Insurance Recovery Group
Litigation
Products & Specialty Torts

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

Clerkships


New Jersey Supreme Court , Honorable Stewart G. Pollock  

Bar Admissions


New York
New Jersey

Affiliations


  • 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