By Breanna R. Marchesani | Published February 28, 2022 | Posted in Hazardous & Contaminated Site Remediation, Licensed Site Remediation Professionals (LSRP), New Jersey Department of Environmental Protection (NJDEP), Site Remediation Reform Act | Tagged Tags: Commissioner Latourette, Environmental justice, pollution lawsuits, suits against polluters | Comments Off on Holding Polluters Accountable in New Jersey
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Category Archive
Site Remediation Reform Act
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Holding Polluters Accountable in New Jersey
The acting Attorney General of New Jersey, Andrew J. Bruck, and the New Jersey Department of Environmental Protection Commissioner, Shawn M. LaTourette, announced seven new environmental enforcement actions were filed in New Jersey.These lawsuits are conducive to the Murphy Administration’s movement to bring environmental justice to all communities of New Jersey, specifically overburdened communities. Pollution 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 MoreFurther Action Required Despite Issue of No Further Action Letters
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 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 & Sinkevich’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 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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When A First Right of Refusal Is Too Late
By Breanna R. Marchesani / January 27, 2023
On December 22, 2022, the Superior Court of New Jersey, Appellate Division decided the case Saadia Square LLC v. SM Logistics Member LLC et. al. This case arises out of a
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Indemnification Provision Entitles Former Condominium Association Trustee to Recover Certain Fees and Costs for First-Party Claim
By Noah Botwinick / January 26, 2023
Last week, New Jersey’s Appellate Division found that a former trustee of a condominium association’s board was entitled to recover certain fees and costs pursuant to the association’s indemnification provision.
In
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Court Affirms DEP Direct Oversight of Remediation Efforts of PFAS Polluting Plant
By Noah Botwinick / January 24, 2023
This week, in In re Dep't of Envtl. Prot. Direct Oversight Determination, No. A-0635-20, 2023 WL-125229 (App. Div. Jan. 9, 2023), New Jersey’s Appellate Division affirmed a Department of Environmental
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What to do if a certificate of occupancy has been incorrectly issued?
By Breanna R. Marchesani / January 23, 2023
Town rescinds certificate of occupancy for former motel
On January 5, 2023, the Superior Court of New Jersey Appellate Division decided the case Department of Community Affairs, etc v. Kenneth D. Roberts, etc. In this case, Defendant
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