By Michael C. Kondrla | Published July 7, 2017 | Posted in Environmental Issues, Industrial Site Recovery Act (ISRA), Licensed Site Remediation Professionals (LSRP), Site Remediation Reform Act | Leave a comment
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Further Action Required Despite Issue of No Further Action Letters
In Drytech, Inc. v. State of New Jersey, the plaintiff manufacturer of desiccants appealed a Chancery Division order dismissing its complaint against the New Jersey Department of Environmental Protection (“NJDEP”), in which it sought a declaration that it did not have to comply with the remedial obligations imposed by the Site Remediation Reform Act (“SRRA”), Read More
Read MoreNo Time Limit to Sue for Environmental Cleanup Costs in New Jersey
No Statute of Limitations Applies to Private Spill Act Claims The regulated community breathed a collective sigh of relief when New Jersey’s highest court released its decision today in Morristown Associates v. Grant Oil Co., — NJ — (2015), where it held that the state’s general six-year statute of limitations is not applicable to private “contribution” lawsuits Read More
Read MoreExtension 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 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 MoreNJDEP Updates Vapor Intrusion Guidance
Effective this month, the NJDEP has updated its vapor intrusion guidance. Vapor intrusion or “VI” refers to hazardous substances in contaminated soil or groundwater that may volatilize (i.e., disperse as a gas) and migrate upward through subsurface soils or other pathways and impact the indoor air quality of overlying buildings. Depending on the extent of hazardous substances Read More
Read MoreNJDEP's Handling of Unregulated Heating Oil Tanks after May 7, 2012
As everyone in the environmental community in New Jersey is now well-aware, the privatization of environmental clean-ups in New Jersey as required by the Site Remediation Reform Act (“SRRA”), which was signed into law by Governor Corzine on May 7, 2009, comes into full effect on May 7, 2012. As of May 7, 2012, all Read More
Read MoreThis Newsletter: Site Remediation Reform, Natural Resource Damages and more
There are a number of new and exciting developments this Spring concerning Lieberman & Blecher’s environmental, land use and litigation practice areas that we are excited to share with you. Our attorneys have been following the latest developments in site remediation and natural resource damage law, and we have been participating in regional and national Read More
Read MoreChanges to NJ Contaminated Site Remediation: May 7, 2012 Deadline Draws Near
When the Site Remediation Reform Act (“Act”) was passed in 2009, the New Jersey Department of Environmental Protection’s (“NJDEP”) mandatory opt-in date of May 7, 2012 appeared to be very far away. However, with that date fast approaching, some site owners are scrambling to meet compliance with the Act. If you have not been bombarded Read More
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Terranova vs. General Electric Pension Trust: Clarifying (or complicating) defenses under the Spill Act
By Daniel E. Hewitt / January 11, 2019
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
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NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval
By Michael C. Kondrla / August 13, 2018
On August 2, 2018, New Jersey’s Supreme Court held that a holder of a municipal tax lien may have standing to challenge a local planning board’s approval for a neighboring
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The Downside to Higher Ground: Appellate Division affirms finding of a townhome owner’s negligence and responsibility for water damage to a below unit caused by a prolonged leaking washing machine hose
By Michael Camastra / August 13, 2018
On August 1, 2018, the Superior Court of New Jersey, Appellate Division ruled in favor of plaintiff in the matter captioned Joseph S. D’Elia v. Joyce Campisi and Liberty Mutual
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United States Supreme Court Tackles Key Clean Water Act Judicial Review Issue
By C. Michael Gan / February 6, 2018
National Association of Manufacturers v. Department of Defense, et al.
583 U.S. ____ (2018)
Decided January 22, 2018
Since the passing of the Clean Water Act in 1972, the definition of “the waters
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