By Carolyn Griffin | Published March 29, 2021 | Posted in New Jersey Department of Environmental Protection (NJDEP), New Jersey Environmental Laws, Spill Compensation and Control Act (Spill Act) | Tagged Tags: Environmental due diligence in New Jersey, pa/si, Phase 1, Phase 2 | Comments Off on Changes to Phase I Environmental Site Assessment standards may change federal environmental due diligence requirements.
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Spill Compensation and Control Act (Spill Act)
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Changes to Phase I Environmental Site Assessment standards may change federal environmental due diligence requirements.
At both the state and federal levels, purchasers of commercial property are required to perform certain environmental investigations in order to shield themselves from liability for contamination found after the purchase. This process is known as “environmental due diligence.” Under the federal Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as “CERCLA,” the industry Read More
Read MoreFrequently Asked Questions About New Jersey Natural Resource Damages Cases
For many years, natural resource damages claims represented a fairly insignificant part of the environmental law landscape nationally as well as here in New Jersey. When seeking damages for a contaminated site, the government’s primary priority has been remediation. However, more recently, the government has sought to collect damages for loss of natural resources, as Read More
Read MoreFederal and State Agencies’ Enforcement Responses to the COVID-19 Pandemic
COVID-19 has undoubtedly shocked society and has currently brought life as most Americans know it to a screeching halt. What many Americans fear is that during these trying times, their obligations, whether it be financial or statutorily required, will continue to exist despite non-essential businesses being ordered to close and many people losing their jobs Read More
Read MoreTerranova vs. General Electric Pension Trust: Clarifying (or complicating) defenses under the Spill Act
On January 4, 2019, the New Jersey Appellate Division handed down a decision in Terranova vs. General Electric Pension Trust, Docket No. A-5699-16T3 (hereinafter, “Terranova”). In Terranova, The New Jersey Appellate Division reviewed the Trial Court’s grant of Summary Judgment in favor of Defendants. This suit arises out of a claim under the New Jersey Read More
Read MoreNew Jersey Voters to Decide Important State Constitutional Amendment concerning the Environment
On Tuesday, November 7, 2017, New Jersey voters will be asked to decide on a state constitutional amendment regarding the use of natural resource damages collected by the State in environmental contamination cases. New Jersey has the authority to collect damages for restoration of natural resources under the New Jersey Water Pollution Control Act, N.J.S.A. Read More
Read MoreState of New Jersey Not Liable for pre-1977 Hazardous Discharges
On March 27, 2017, the New Jersey Supreme Court issued a very important decision concerning Spill Act liability in contribution cases. In the case of NL Industries, Inc. v. State of New Jersey, the Court held that the State is not liable to pay cleanup costs for “pre-Act” discharges, meaning discharges that occurred before the Read More
Read MoreWhen Remediation Goes Wrong: Appellate Division Says Remedial Efforts May Constitute Evidence Spoliation
In 18-01 Pollitt Drive, LLC v. Engel, the Appellate Division held that the discard of piping, a sump pit, and concrete flooring during remediation constitutes spoliation of material, physical evidence. Docket No. A-4833-13T3 (App. Div. Oct. 31, 2016). Spoliation of evidence occurs when a litigant has “hidden, destroyed, or lost relevant evidence and thereby impaired Read More
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