The New Jersey Department of Environmental Protection (“DEP”) has instituted a new procedure for expediting […]
NJDEP Extends Critical Remediation Deadlines
NJDEP has announced extension of remediation time frames in certain instances. The Department has agreed […]
EPA Relaxes Environmental Enforcement During COVID-19 Pandemic
Co-Authored by Linda Lee On March 26, 2020, the United States Environmental Protection Agency (“EPA”) […]
Business Interruptions Due to Coronavirus and Its Impact on Environmental Remediation Deadlines
Co-Authored by Linda Lee Under the Site Remediation Reform Act of 2009 (“SRRA”), N.J.S.A. §§ […]
NJDEP Establishes New Ground Water Standards
The NJDEP recently recommended establishing specific ground water quality standards for perfluorooctanoic acid (PFOA) and […]
Are You Prepared to Meet the May 7, 2019 Regulatory Deadline for Remedial Actions?
Responsible parties have an affirmative obligation to remediate contaminated sites pursuant to New Jersey’s Site […]
Due Diligence and the Bermuda Triangle: Getting it Done
Co-authored by Melissa A. Clarke As published in the Spring 2016 edition of Dimensions Due […]
NJDEP Deadline Looming for Completing Remedial Investigations
Governor Christie’s signing of Assembly Bill No. 4543 into law in 2014 granted an extension […]
Supreme Court Opens Door for Spill Act Claims
On January 26, 2015, in Morristown Associates v. Grant Oil Co., (A-38-13) (073248), the New […]
NJDEP Announces New Guidance On "Unrelated Contamination"
The New Jersey Department of Environmental Protection (NJDEP) has announced a specific “Guidance Document” and […]
Deadline For Completing NJDEP Remedial Investigations Extended For Two Years
On January 21, 2014, Governor Christie signed into law Assembly Bill No. 4543, allowing NJDEP […]
Extension of May 7, 2014 Remedial Investigation Deadline
Yesterday, Assembly Bill No. 4543 passed in both the Assembly and Senate. If signed by […]
NJDEP Issues Guidance Document for May, 2014 Remediation Deadline
NJDEP has issued a new “Guidance Document”, detailing requirements for satisfying the State’s requirement that […]
NJDEP Weighs in on 2014 Remediation Deadlines
This morning, NJDEP convened a joint meeting of its Site Remediation Advisory Group (SRAG) and […]
DEP UPDATES ON ENFORCEMENT AND LSRP
This morning, Acting Assistant Director Kevin Kratina and Assistant NJDEP Commissioner Wolfgang Skacel briefed the […]
Duty to Remediate: Are You on DEP's Radar?
The Site Remediation Reform Act (SRRA) confirmed what I have been counseling clients for years. […]
Closing Deals, Environmental Hurdles with Industrial Establishments
The Industrial Site Recover Act (ISRA) is not monumentally affected by the LSRP Program. However, […]
Spill Act Liability and the "Nexus" Test
On March 18, 2011, the Appellate Division ruled that under New Jersey’s Spill Act, strict liability […]
NJDEP Waiver Rule: A Long Time Coming
Finally, NJDEP has proposed a development friendly, flexible rule which would permit the State to […]
Escrows and Response Action Outcomes: It’s Over, When it’s Over
Under the new Site Remediation Reform Act (SRRA), in most cases final determinations are made […]
Vapor Intrusion? Check.
Developers in New Jersey are resigned to the fact that development in this region will […]
Remediation Funding Sources: The Basics
NJDEP frequently requires responsible parties to post a Remediation Funding Source (RFS) to secure remediation […]
Drinking Water Standard Delayed
There are currently no Federal or State drinking water standards for perchlorate, a chemical compound […]
Permit Extension Act and Environmentally Sensitive Areas
The Permit Extension Act (PEA) extends the expiration date of most local, county and state […]
Groundwater Contamination: Leave it Alone
If groundwater contamination exists above applicable cleanup standards, is it always necessary to fully remediate? […]
Sell First, Cleanup Later
Effective November 3, 2009, under New Jersey’s Site Remediation Reform Act (“SRRA”), an owner or […]