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Pamela
Esterman

Principal

Pamela
Esterman

Principal

Pamela has over 35 years of experience practicing environmental law. Her diverse experience includes litigating complex multi-party Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) claims both in court and in mediated allocation proceedings, negotiating with federal and state regulatory agencies concerning the substance and scope of cleanup activities, representing project sponsors in obtaining permits for residential and industrial development projects, and climate change planning. Additionally, she has assisted clients with corporate and real estate due diligence investigations, environmental audits, and brownfield site redevelopment. Pamela also regularly advises clients concerning ethics and professional conduct matters.

Pamela is an experienced mediator. She serves as a court appointed mediator for the United States District Court, Southern and Eastern Districts and the Supreme Court of New York, Commercial Division, as well as the District of New Jersey. She has successfully mediated hundreds of disputes including environmental, land use, Fair Labor Standards Act (FLSA), Americans With Disabilities Act (ADA), real property, contracts, insurance coverage, construction defects and delays, professional malpractice, energy, business/commercial transactions, personal injury, employment discrimination, civil rights, and toxic tort claims. She is also a trained arbitrator and has also served as a discovery master. She regularly provides training on effective dispute resolution skills at various forums including the New York City Bar Association, the New York State Bar Association and the American Bar Association.

Since 1997, Pamela has served as co-planning chair for the annual American Law Institute (ALI CLE) Environmental Law Conference in Washington, D.C. She writes and speaks regularly on topics related to environmental law, ethics and alternative dispute resolution. She has served on the faculty of numerous institutions including the American Bar Association, the New York State Bar Association, the New Jersey Bar Association, Practicing Law Institute, and Lawline. Pamela currently serves as an adjunct professor at Hofstra Law School, where she teaches Environmental Law and at Rutgers Law School (Newark) where she teaches Alternative Dispute Resolution. She formerly served as an adjunct professor at the Elizabeth Haub School of Law at Pace University where she taught Environmental Dispute Resolution.

Representative Experience:

  • Represented Fortune 500 companies in the chemical, and manufacturing industries at CERCLA/Superfund sites around the country.
  • Represented the defendant manufacturer in a toxic tort litigation involving the alleged discharge of heavy metals.
  • Served as common counsel for multiple potentially responsible parties at a number of CERCLA/Superfund sites.
  • Advised the purchaser of a waste transport business regarding acquisition of waste transfer facilities.
  • Successfully mediated numerous Fair Labor Standards Act (FLSA) claims including one with over 100 plaintiffs,
  • Successfully mediated several Superfund cost allocation cases
  • Successfully mediated several Legionella cases
  • Successfully mediated multiple oil spill cases involving claims for personal injury and property damage,
  • Successfully mediated a multi-party benzene toxic tort case,
  • Successfully mediated numerous employment discrimination matters including matters based on sexual harassment, national origin, pregnancy, and age claims,
  • Successfully mediated numerous cases brought under the Americans With Disabilities Act (ADA),
  • Successfully mediated numerous construction defect and/or delay cases,
  • Successfully mediated over 50 Superstorm Sandy insurance coverage cases,
  • Arbitrated a multi-million construction defect/construction delay claim,
  • Represented defendant manufacturer in a toxic tort litigation involving the alleged discharge of heavy metals,
  • Represented several potentially responsible parties in a cost recovery action where the total estimated claim was over $400 million,
  • Served as liaison counsel for a group of transporter defendants in a contribution action,
  • Advised purchaser of a waste transport business regarding acquisition of waste transfer facilities,
  • Assisted a private land developer with a range of permitting issues concerning a multi-use large scale redevelopment project,
  • Served as the “at-large trustee” for the Anadarko Litigation Trust in the $5.15 Billion settlement of the Tronox, Inc. bankruptcy proceeding,
  • Assisted in successfully permitting an 80 MW electric power co-generation facility in upstate New York,
  • Counsel to the developer of a hazardous waste landfill project in upstate New York,
  • Assisted in environmental impact analysis and permitting of multiple high-rise buildings in New York City
Received “AV” rating in Martindale & Hubbell, 2000-present
Top Rated “Women Leaders in the Law” American Lawyer Magazine, 2013
Founders Award, Kheel Center for the Resolution of Environmental Disputes, 2009
National Summer Scholar, Environmental Law Institute, 1982
Environmental Thought Leader, Who’s Who Legal
New York Metro Super Lawyers, Alternative Dispute Resolution, Environmental
Who’s Who Legal, Environment & Climate Change

“Ethics for Environmental Lawyers,” Presenter

For: Dallas, Texas Bar Association

April 2023

Environmental Law Conference, Presenter

For: Annual Speaker (focus on ethics for environmental lawyers), ALI CLE

1986-present

Ethics for Judges of the Jeffrey Miller Moot Court Competition, Annual Speaker

For: Pace Law School

2010-present

Clean Water Act Conference, Annual Speaker

For: Annual Speaker (addressing water lawyers), ALI CLE

2010-present

“Ethical Considerations for Environmental Lawyers”

For: ALI CLE

1986-present

“Ethical Considerations in Administrative Law,” Presenter

For: ABA SEER

Spring Conference 2022

“Ethical Issues in the Context of Administrative Adjudications”

For: ABA SEER

2022

“The Lawyer’s Role in an Environmental Crisis,” Moderator

For: ALICLE, Moderator

2021

“Disclosure Exposure: Exploring GHG Disclosure and Attorney Ethics Rules,” Presenter

For: Environmental Law Institute (International webinar)

September 2020

“Cybersecurity Considerations for Environmental and Energy Lawyers Working Remotely in the Wake of the Coronavirus”

For: ABA SEER

2020

“Legal Ethics in the Environmental Law Context”

For: The Practical Real Estate Lawyer

September 2018

“Ethical Issues in Environmental Law”

For: ALI-ABA

February 2003-present

Annual Environmental Law Course, Co-Chair and Panelist

For: Co-chair and panelist, American Law Institute-American Bar Association

1997-present

“Legal Ethics in the Environmental Law Context”

For: The Practical Real Estate Lawyer

Article Title: Ethical Considerations for the Environmental Lawyer

November 2008

“Ethical Considerations for Environmental Lawyers Considering Transitions,” Presenter

For: ABA SEER

Spring Conference 2017

“Working with Other Professionals and Their Codes of Professionalism”

For: Ethics and Environmental Practice, A Lawyer’s Guide, co-author (ABA)

2017

“Annual ABA Conference on Environmental Law,” Co-Planning Chair & Moderator

For: Co-planning Chair and Moderator

2009, 2014

“Recovery and Rebuilding After Superstorm Sandy: Legal Perspectives in What We Know and Where We Go,” Co-Planning Chair & Panelist

For: Panelist and Co-planning Chair, NY/NJ Bar Association

April 2013

“Recovery and Rebuilding After Superstorm Sandy: Legal Changes Required to Implement the NYS 2100 Comm. Policy Recommendations,” Co-Author

2013

“Environmental Law Practitioners Guide to the Model Rules”

For: ABA NR& E

Winter 2011

“Ethics for Land Use Lawyers,” Speaker

For: Speaker, Pace Law School

January 2011

“Climate Change Adaptation: Fostering Progress Through Law and Regulation,” Co-Author

For: New York University Environmental Law Journal, Vol. 18

November 1, 2010

The Benefits of Alternative Dispute Resolution in Resolving Municipal Disputes, Co-Author

For: NYSBA

2010

“Effective Representation of Clients in Environmental Dispute Resolution,” co-author

For: 27 Pace Environmental Law Review, Vol. 61

2010

“The Resolution of Environmental Interest Disputes,” Panelist

For: Panelist, ABA Dispute Resolution Section Annual Meeting

April 2009

“Changing Times-Changing Practice: Effective Legal Strategies to Resolve New Environmental Disputes,”Co-planning Chair & Moderator

For: Co-planning Chair and Moderator, Pace Law School

January 2009

“Annual Conference on Environmental Law,” Moderator

For: Moderator, Ethics Panel

March 2009

“The Resolution of Environmental Interest Disputes,” Co-Chair

For: Co-Chair, City Bar Association

November 2008

“Women in Negotiation,” Co-Chair

For: Co-chair, City Bar Association

October 2006-2008

“Legal Ethics in New York,” Presenter

For: Presenter, Lorman

September 2007

“Ethics in Mediation and Settlement Negotiation,” Co-Chair

For: Co-Chair, City Bar Association

April 2007

“New Solutions to Environmental Problems in Business and Real Estate Deals,” Panelist

For: Panelist, Practicing Law Institute

November 2001-2004

“Real Estate and the Environment: NY’s New Brownfields Law”

For: Panelist, NYSBA

May 2004

Using Alternative Dispute Resolution in Land Use Conflicts

For: City Bar, Presenter

2003

“Ethical Issues Confronting Environmental Lawyers in Business and Real Estate Transactions”

For: PLI

2003

“Reporting Obligations and Ethical Issues Confronting Environmental Lawyers,” Presenter

For: PLI

December 2001, 2002 and 2003

“Reporting Obligations and Ethical Issues Confronting Environmental Lawyers”

For: Practicing Law Institute

December 2001 and November 2002

“The Use of Alternative Dispute Resolution in Land Use Cases,” Presenter

For: Presenter, The Center for American and International Law

2002

“The Use of Alternative Dispute Resolution in Land Use Cases”

For: The Center for American and International Law

June, 2002

“Legal Ethics in the Environmental Law Context”

For: PLI

2001 and 2002

“Ethical Issues in Environmental and Land Use Matters”

For: The American Law Institute and the American Bar Association

February, 2001

Book Chapter on “Administrative Agency Relationships in New York Environmental Law and Regulations”

For: Co-authored by West and Supplements

1996 and 1997-2001

“Retail Property Development: Current Trends and Practice,” Panelist

For: Panelist, Practicing Law Institute

1999-2001

“The Role of Mediation in Local Land Use Disputes,” Presenter

For: The New York State Association of Towns Annual Meeting, Presenter

1999 and 2000

“Managing Environmental Issues in Property Acquisitions,” Co-Author

For: The Practical Real Estate Lawyer, Vol. 15 and Practicing Law Institute

March 1999 and September 1999

“The Use of Alternative Dispute Resolution in Environmental Cases,” Chair & Presenter

For: City Bar, Chair and Presenter

1998

“‘Fold or Fight’ the Changing Settlement Calculus in CERCLA Enforcement Actions,” Co-Author

For: Vol. lX Fordham 469

1998

Book Chapter 11-C: “Alternative Dispute Resolution,” Co-Author

For: Environmental Law Practice Guide; Co-Author: Matthew Bender

1998

“Hazardous Waste in New York Environmental Law and Regulations,” Co-Author

For: Co-Author(s): West

1996

Syracuse University College of Law, J.D., 1983

State University of New York, M.S., 1983

University of New Hampshire, B.S., 1979

New York

New Jersey

Adjunct Professor of Law, Rutgers Law School, ADR (2020-present)

Adjunct Professor of Law, Hofstra Law School, Environmental Law (2017- present)

Acting Village Justice, Village of Ocean Beach (2006-present)

Chair, Ethics Committee, Village of Ocean Beach, NY (2005-present)

Co-planning Chair, Annual ALI CLE Environmental Law Conference (1997-present)

Certified court mediator, EDNY, SDNY, Commercial Division (New York, Nassau, Queens, Westchester Counties), District of New Jersey (1989-present)

Council Member, American Bar Association, Section on Environment, Energy, and Resources (2019-2023)

Member, NYSBA Climate Change Initiative Task Force (2015-2017)

NYSBA Dispute Resolution Committee, Chair, ADR in Government Committee (2012-2014)

Adjunct Professor, Elizabeth Haub School of Law at Pace University (2009-10)

City Bar, Environmental Law Committee (2008-2011); Alternative Dispute Resolution Committee (2003-2008)

Co-Chair, Committee on State Bar Cooperation

Vice-Chair, Committee on Alternative Dispute Resolution

Co-Chair of Advisory Board, Kheel Center for the Resolution of Environmental Disputes

AAA Mediator, Post-Sandy Mediations