By Michael Sinkevich | Published March 7, 2014 | Posted in Brownfields, Hazardous & Contaminated Site Remediation, Industrial Site Recovery Act (ISRA), Licensed Site Remediation Professionals (LSRP), New Jersey Department of Environmental Protection (NJDEP), New Jersey Environmental Laws, Site Remediation Reform Act | Tagged Tags: LSRP, May 7 Deadline, NJDEP, Remedial Investigation Extension, Remedial Investigations, RI, SRRA | Leave a comment
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Category Archive
Hazardous & Contaminated Site Remediation
Extension of Extensions: Deadline to Apply for Extension of Remedial Investigation Deadline Postponed
The May 7, 2014 Remedial Investigation Deadline Under New Jersey’s Site Remediation Reform Act The Site Remediation Reform Act (“SRRA”), N.J.S.A. 58:10C-1 et seq., requires that the New Jersey Department of Environmental Protection undertake direct oversight of a remediation of certain contaminated sites when the person responsible for conducting the remediation fails to complete the Read More
Read MoreHome Buyers, Beware of Environmental Due Diligence
In a recent article appearing in the New Jersey Law Journal, we address the growing obligation for purchasers of residential real estate to conduct reasonable environmental investigations prior to closing on a new home. Read the Article: Home Buyers Beware Our attorneys frequently assist homeowners, real estate professionals and trusts that invest in residential and commercial Read More
Read MoreD.N.J.: CERCLA Cleanup Costs Not Subject to the Automatic Stay Provision of the US Bankruptcy Code
Following a previous Third Circuit decision, the United States District Court for the District of New Jersey recently confirmed that corporations cannot stay in personam claims for environmental cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA,” also known as “Superfund”) by declaring bankruptcy. In U.S. v. Alsol Corp., 2014 U.S. Dist. Read More
Read MoreEPA May Add Contaminated New Jersey & New York Sites to Superfund List
On December 11, 2013, the United States Environmental Protection Agency (EPA) added nine contaminated sites to the National Priorities List (NPL) and proposed that an additional eight sites also be added, including sites in New Jersey and New York. The NPL is a list of contaminated sites throughout the United States managed by the EPA Read More
Read MoreNJDEP May Extend Statutory Deadlines For Contaminated Site Cleanup Investigation
Under New Jersey’s 2009 Site Remediation Reform Act (SRRA), parties that have been remediating sites since May 1999 (or before), are required to complete the remedial investigation (RI) phase of the site cleanup by May 7, 2014. Failing to complete the investigation by the May 2014 deadline would permit the NJDEP to take direct oversight Read More
Read MoreFirm Files Civil Suit Against Gas & Energy Company On Behalf of Edison Residents with Contaminated Property
Edison residents sue Chevron for alleged contaminationBy Jack Murtha General Media Newspapers (January 17, 2014) EDISON — Several residents have filed a civil lawsuit against Chevron Corp. for damages that allegedly stemmed from the company’s discharge of hazardous materials, which are said to have contaminated several properties off New York Boulevard. “This case is not Read More
Read MoreUnderground 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
Read MoreFederal 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
Read MoreAppellate 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
Read MoreNJ Supreme Court Recognizes Direct Claim for Contribution between Insurers
The New Jersey Supreme Court held recently that an insurer with an obligation to indemnify and defend has a direct claim for contribution against a co-insurer for costs associated with defending the insured in continuous property damage litigation. This is true even if the insured releases that co-insurer. In Potomac Ins. Co. v. Pennsylvania Manufacturers’ Read More
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