Lee Henig-Elona is Of Counsel in the Commercial Litigation, Environmental/Toxic Tort and Construction practice groups. She handles federal and state court environmental litigation, environmental counseling, toxic torts and products liability defense as well as construction and commercial litigation.
Lee is experienced in environmental issues such as soil and groundwater contamination; landfill closure and remediation; asbestos defense; cost recovery actions; and chemical exposure in the workplace. She represents clients in cases that involve the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; the New Jersey Spill Compensation and Control Act; and New York Navigation Law.
She also handles environmental criminal law, permitting, compliance and enforcement matters and has regulatory experience before administrative boards and agencies. Lee has represented clients in administrative hearings on odor, air, hazardous waste, water and noise pollution matters resulting from allegations of permit violations or administrative refusal to issue permits. In addition, she provides counseling on development issues including permitting in coastal zones, wetlands, stream encroachments and waterfront. Lee has been involved in many Industrial Site Recovery Act (“ISRA”) applications since the Act was promulgated in 1984. ISRA involves site investigation and remediation in connection with a “triggering event” at an industrial establishment, such as a sale of the real estate, reduction in workforce or change in company ownership. In New Jersey, the Technical Requirements for Site Remediation provides a complex regimen for investigation and remediation. Lee has also assisted numerous clients undertaking site investigations in pre-acquisition due diligence to obtain ‘innocent purchaser’ status, in response to Spill Act Directives or Administrative Consent Orders, and in voluntary actions including Brownfields redevelopment projects.
Lee also assists clients on a wide array of federal general regulatory compliance questions including issues relating to RCRA, OSHA, Clean Air Act, Clean Water Act, Community Right to Know Laws and asbestos regulations.
Lee represents numerous companies in the Passaic River litigation involving dioxin-contaminated sediments and is a court-appointed liaison counsel for a group of private third-party defendants. She represents clients in mass tort claims involving allegations of phosphorus oxychloride exposure; personal-injury suits alleging defective or mislabeled products; and multiparty property damage cases involving allegedly contaminated property. She has defended claims by neighbors of chemical and coatings manufacturers, workplace exposures brought by independent contractors and mold exposure claims.
She also defends manufacturers of products that are alleged to be defectively designed, manufactured or sold without adequate warnings. Lee’s representative cases have involved pipe ruptures, machinery and equipment, food products and medical devices.
U.S. District Court for the District of New Jersey
U.S. District Court for the Southern and Eastern Districts of New York
U.S. Court of Appeals for the 3rd Circuit
U.S. Court of Federal Claims
DRI-The Voice of the Defense Bar
New York State Bar Association
New Jersey State Bar Association