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 also serves as a special master for the NYS Appellate Division, Second Dept. 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:
- Currently serving as a neutral allocator in a multi-party CERCLA/Superfund site.
- 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
“Special Committee on Ethics and the Profession Report”
For: ABA Year in Review
“The Ethics of Using Generative AI In Environmental Law”
For: Law360
“Ethics for Environmental Lawyers”
For: Dallas, Texas Bar Association
Environmental Law Conference, Presenter
For: Annual Speaker (focus on ethics for environmental lawyers), ALI CLE
Ethics for Judges of the Jeffrey Miller Moot Court Competition, Annual Speaker
For: Pace Law School
Clean Water Act Conference, Annual Speaker
For: Annual Speaker (addressing water lawyers), ALI CLE
“Ethical Considerations for Environmental Lawyers”
For: ALI CLE
“Ethical Considerations in Administrative Law”
For: ABA SEER
“Ethical Issues in the Context of Administrative Adjudications”
For: ABA SEER
“The Lawyer’s Role in an Environmental Crisis”
For: ALICLE, Moderator
“Disclosure Exposure: Exploring GHG Disclosure and Attorney Ethics Rules,” Presenter
For: Environmental Law Institute (International webinar)
“Cybersecurity Considerations for Environmental and Energy Lawyers Working Remotely in the Wake of the Coronavirus”
For: ABA SEER
“Legal Ethics in the Environmental Law Context”
For: The Practical Real Estate Lawyer
“Ethical Issues in Environmental Law”
For: ALI-ABA
Annual Environmental Law Course, Co-Chair and Panelist
For: Co-chair and panelist, American Law Institute-American Bar Association
“Legal Ethics in the Environmental Law Context”
For: The Practical Real Estate Lawyer
Article Title: Ethical Considerations for the Environmental Lawyer
“Ethical Considerations for Environmental Lawyers Considering Transitions,” Presenter
For: ABA SEER
“Working with Other Professionals and Their Codes of Professionalism”
For: Ethics and Environmental Practice, A Lawyer’s Guide, co-author (ABA)
“Annual ABA Conference on Environmental Law,” Co-Planning Chair & Moderator
For: Co-planning Chair and Moderator
“Recovery and Rebuilding After Superstorm Sandy: Legal Changes Required to Implement the NYS 2100 Comm. Policy Recommendations”
“Environmental Law Practitioners Guide to the Model Rules”
For: ABA NR& E
“Ethics for Land Use Lawyers,” Speaker
For: Speaker, Pace Law School
“Climate Change Adaptation: Fostering Progress Through Law and Regulation”
For: New York University Environmental Law Journal, Vol. 18
“The Benefits of Alternative Dispute Resolution in Resolving Municipal Disputes”
For: NYSBA
“The Benefits of Alternative Dispute Resolution in Resolving Municipal Disputes”
For: 27 Pace Environmental Law Review, Vol. 61
“The Resolution of Environmental Interest Disputes”
For: Panelist, ABA Dispute Resolution Section Annual Meeting
“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
“Annual Conference on Environmental Law,” Moderator
For: Moderator, Ethics Panel
“The Resolution of Environmental Interest Disputes,” Co-Chair
For: Co-Chair, City Bar Association
“Women in Negotiation,” Co-Chair
For: Co-chair, City Bar Association
“Legal Ethics in New York”
For: Lorman
“Ethics in Mediation and Settlement Negotiation,” Co-Chair
For: Co-Chair, City Bar Association
“New Solutions to Environmental Problems in Business and Real Estate Deals”
For: Panelist, Practicing Law Institute
“Real Estate and the Environment: NY’s New Brownfields Law”
For: Panelist, NYSBA
Using Alternative Dispute Resolution in Land Use Conflicts
For: City Bar, Presenter
“Ethical Issues Confronting Environmental Lawyers in Business and Real Estate Transactions”
For: PLI
“Reporting Obligations and Ethical Issues Confronting Environmental Lawyers”
For: PLI
“Reporting Obligations and Ethical Issues Confronting Environmental Lawyers”
For: Practicing Law Institute
“The Use of Alternative Dispute Resolution in Land Use Cases”
For: Presenter, The Center for American and International Law
“The Use of Alternative Dispute Resolution in Land Use Cases”
For: The Center for American and International Law
“Legal Ethics in the Environmental Law Context”
For: PLI
“Ethical Issues in Environmental and Land Use Matters”
For: The American Law Institute and the American Bar Association
“Administrative Agency Relationships in New York Environmental Law and Regulations”
For: Book Chapter, Co-authored by West and Supplements
“Retail Property Development: Current Trends and Practice”
For: Panelist, Practicing Law Institute
“The Role of Mediation in Local Land Use Disputes”
For: The New York State Association of Towns Annual Meeting, Presenter
“Managing Environmental Issues in Property Acquisitions”
For: The Practical Real Estate Lawyer, Vol. 15 and Practicing Law Institute
“The Use of Alternative Dispute Resolution in Environmental Cases,” Chair & Presenter
For: City Bar, Chair and Presenter
“‘Fold or Fight’ the Changing Settlement Calculus in CERCLA Enforcement Actions”
For: Vol. lX Fordham 469
Book Chapter 11-C: “Alternative Dispute Resolution”
For: Environmental Law Practice Guide; Co-Author: Matthew Bender
“Hazardous Waste in New York Environmental Law and Regulations”
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
Certified court mediator, EDNY, SDNY, Commercial Division (New York, Nassau, Queens, Westchester Counties), District of New Jersey, 1989-present
Special master, NYS Appellate Division, Second Dept, 2024-present
Co-planning Chair, Annual ALI CLE Environmental Law Conference, 1997-present
American Bar Association, Section on Environment, Energy, and Resources, Council Member, 2019-2023; Ethics Chair, 2024-present
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
Former Co-Chair of Advisory Board, Kheel Center for the Resolution of Environmental Disputes
AAA Mediator, Post-Sandy Mediations