On September 18, 2017, the New Jersey Department of Environmental Protection ("NJDEP") updated the Soil Remediation Standards ("SRS") for 19 contaminants when it published a Notice of Administrative Change in the New Jersey Register. Thereafter on October 6, 2017, NJDEP published a change to include corrected standards for 1,1,1-trichloroethane and hexachloroethane. ...More
This addresses the uncertainty which prospective purchasers of contaminated property in New Jersey often face at the time of acquisition of title, when a soil clean-up has been completed but an ongoing investigation of contaminated groundwater (being conducted by others) is ongoing. ...More
Buyers of commercial property in NJ are faced with the challenge of determining at what point they, as owners, will no longer be subject to claims concerning contaminated groundwater at their properties. ...More
Over the years, both the NJ Spill Act and the Brownfield Act have been amended several times to protect current "innocent" owners and prospective purchasers of land from liability for environmental contamination caused by others. ...More
The New Jersey Appellate Division recently ordered that hearings must be conducted prior to takings of property in New Jersey where zoning changes may occur. The matter involved the valuation of one acre of vacant land in North Bergen being acquired by New Jersey Transit Corporation. ...More
In recognition of their expertise in handling diverse environmental cases relating to development in the NJ Meadowlands, Steve Gray, Dan Horgan and Tom O'Connor were honored as contributing authors in the 2014 Edition of the NJ Environmental Law Handbook ...More
On January 21st, the Governor signed Assembly Bill No. 4543 into law ("Act"), authorizing an extension of the mandated May 7, 2014 deadline for the completion of pending environmental "remedial investigations" until May 7, 2016. ...More
On Monday January 13, 2014, both Houses of the Legislature approved Assembly Bill No. 4543 (i.e. the Assembly version of Senate Bill 1035) authorizing an extension of the time for completion of a Remedial Investigation for certain contaminated sites prior to DEP undertaking direct oversight. ...More
The Site Remediation Reform Act ("SRRA"), N.J.S.A. 58:10C-1 et seq, established a May 7, 2014 deadline for completing the remedial investigation for all sites that triggered remediation requirements prior to May 7, 1999. ...More
Although fewer in number than in the previous two years, there are still a substantial number of solar energy incentives available to prospective owners/purchasers of solar energy systems, both on the federal and state levels. ...More
There are many competent and knowledgeable LSRPs who can assist with completing an investigation and clean-up of a contaminated property - but often the timing of the LSRP's certification that progress has been made, is critical to a proposed project or sale of a property. In these instances, strategy is involved, and an environmental lawyer should be consulted early in the process. ...More
The NJ Supreme Court recently reaffirmed NJDEP's right to conduct unannounced inspections of commercial property owned by businesses in highly regulated industries - and in certain limited circumstances, residential property. ...More
If you are representing the Seller, have you thought about requiring your prospective purchaser to complete diligence without retaining an LSRP so that if transaction is not consummated, your client isn’t burdened with an obligation to investigate/remediate contamination identified during due diligence. ...More
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