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December 2013
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New Standards for Phase I Environmental Site Assessments

On November 6, 2013, the American Society for Testing and Materials (“ASTM”) published new standards for Phase I Environmental Site Assessments (“ESA”). Phase I ESAs are conducted to assess the environmental condition of commercial real estate for potential buyers. The ASTM’s E1527-05 standard has been approved by the Environmental Protection Agency (“EPA”) to satisfy the Read More

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Underground Storage Tanks: What You Need to Know

As an environmental lawyer, leaking underground storage tanks (USTs) are not by any means a new phenomenon to me. But if you’re a homeowner, or potential homeowner, having issues with an UST, the odds are that it will be the first time that you’ve encountered them and you might be overwhelmed by what it entails. Read More

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Marlboro Planning Board Rejects Developers Application

The Marlboro Planning Board voted last Wednesday night to deny a developer’s application to build a large-scale affordable housing project due to environmental constraints. In particular, the Board expressed concerns over the stormwater system proposed to service the runoff on the property. According to State law concerning runoff, a stormwater system must absorb all of Read More

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NJDEP Adopts Correction to Air Minor Source Grace Period Determination

On November 18, 2013, the New Jersey Department of Environmental Protection (“NJDEP”) amended the Air Administrative Procedures and Penalties Code, N.J.A.C. 7:27A-3.10(m)16, to change a violation of N.J.A.C. 7:27-16, Control and Prohibition of Air Pollution by Volatile Organic Compounds (VOC) for Vapor Control Systems from a minor violation to a non-minor violation. A gas distributing Read More

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Federal Grant for Remediation of Sandy-damaged UST’s Announced

Recently, the New Jersey Department of Environmental Protection (DEP) announced that it will administer a $2.3 million grant issued by the Environmental Protection Agency (EPA) in order to aid homeowners and operators of underground storage tank (UST) facilities remediate tanks that were damaged during Superstorm Sandy. The State will be contributing a 10% match of Read More

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Appellate Division Holds Spill Act and ERA Actions May Be Referred to NJDEP Until Site Clean Up Completed

The New Jersey Appellate Division recently held that an action brought under the New Jersey Environmental Rights Act (ERA) to enforce the Spill Compensation and Control Act (Spill Act) may properly be referred to the Department of Environmental Protection (DEP) until the site clean-up is complete. In Meyer v. Constantinou, the owner of a former Read More

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In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

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