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Governor Christie Signs Legislation to Extend Site Remediation Reform Act

On January 21, 2014 Governor Christie signed legislation that extends the Site Remediation Reform Act regarding the requirement for property owners with known contamination that occurred prior to 1999 to submit a Remedial...more

The New ASTM Phase I Standard

On December 30, 2013, a new standard for Phase I Environmental Site Assessments (“Phase I”), known as E1527-13 Phase 1 Standard for Environmental Site Assessments (“2013 ASTM Standard”) was adopted by the Environmental...more

NJ Legislature Passes Bill to Extend May 2014 Remedial Investigation Deadline – Christie Expected to Sign

One of the most draconian aspects of NJ’s 2009 Site Remediation Reform Act is the authority of NJDEP to take direct oversight of older cleanups, stripping responsible parties of cleanup decision-making and requiring a trust...more

EPA Rule Adopts Revised ASTM Phase I Environmental Site Assessment Standard as Alternative Means to Conduct All Appropriate...

The United States Environmental Protection Agency issued a final rule on December 30, 2013, endorsing ASTM E1527-13, “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,” as an...more

New Phase I ESA Standard To Be Issued In November

New Standard Will Help Clarify Environmental and Historical Site Conditions For South Florida Developers - A new standard for performing Phase I Environmental Site Assessments (ESA) is expected to be released in...more

Six-Year Statute Of Limitations Applies To Spill Act Contribution Claims

In a stunning decision, the New Jersey Appellate Division held on August 23 that the State’s general six-year statute of limitations for property damage applies to private claims for contribution under the New Jersey Spill...more

Which Is Worse? EPA Oversight or Citizen Oversight?

Everyone who represents PRPs in Superfund settlements has his or her own horror stories regarding the scope of EPA’s oversight cost claims. We all know that oversight costs can end up as an appreciable percentage of total...more

Vapor Intrusion Developments

Potential buyers and sellers take note — on April 16, 2013, the U.S. Environmental Protection Agency (U.S. EPA) issued draft guidance that would require more evaluation of "vapor intrusion" (migration of any hazardous vapors...more

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of...more

Abolishment of Limitation Periods for Contaminated Sites in BC Put on Hold

In 2012, the government of B.C. passed legislation that would eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

Dodging Deal Killers -- Anticipating and Solving Problems Related to Properties Being Sold or Purchased

In This Presentation: Contamination; Environmental Issues; Defective or Incomplete Land Use Approval; “As Is,” “Your Problem Not Mine” Seller; Encroachment; URM or Otherwise Seismically Challenged Property; Use,...more

Limitation Periods for Environmental Cost Recovery Claims in BC Abolished

The government of B.C. recently passed legislation that will eliminate any limitation period previously applicable to actions to recover the costs of environmental remediation under the Environmental Management Act, S.B.C....more

Responsible Parties and their LSRPs Now Obligated to Respond to Public Inquiries

Under the “traditional” site remediation program, New Jersey Department of Environmental Protection (NJDEP) responded to inquiries asking for the status of an investigation/cleanup of a site because it had all the information...more

EPA Issues New Superfund Guidance

Settlement plays a fundamental role in the Environmental Protection Agency’s (“EPA”) Superfund enforcement program. Potentially Responsible Parties (“PRPs”) seeking to resolve their liability through the settlement process...more

Indemnification Agreements Under CERCLA Do Not Affect Liability to Entities That Are Not Parties to the Agreement

Section 107(e) of CERCLA provides that - "No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who...more

Rockies Express Pipeline, LLC v. Burtle, No. 11-1219 (U.S. 7th Cir. Aug. 21, 2012)

U.S. 7th Circuit affirmed district court's exclusion of expert's valuation of property

The 7th Circuit Court of Appeals recently affirmed the district court's exclusion of expert evidence regarding valuation of property. In the recent case, Rockies Express Pipeline, LLC v. Burtle, No. 11-1219, 2012 WL...more

Maine DEP to Revise Oil Remediation Standards

The Department of Environmental Protection (DEP) has announced plans to revise its “Remediation Guidelines for Petroleum Contaminated Sites in Maine” issued on December 1, 2009. The “Preliminary Draft” available for comment...more

Practical Considerations in Real Estate Transactions in Light of SRRA

Originally published in the June 4, 2012 edition of New Jersey Law Journal. In an effort to expedite the remediation of more than 20,000 contaminated sites, New Jersey passed the Site Remediation and Reform Act (SRRA) on...more

Watershed Date for N.J. Site Remediation: May 7, 2012

In just over two months, nearly every existing site remediation case pending before the New Jersey Department of Environmental Protection (NJDEP) will become subject to the 2009 Site Remediation Reform Act, N.J.S.A. 58:10C-1...more

Setting Straight The EPA On The Cost Of Removing PCBs

Originally published in Law360, New York (March 14, 2012, 1:45 PM ET) The U.S. Environmental Protection Agency (EPA) has requested public comment on a proposed reinterpretation of its polychlorinated biphenyl (PCB)...more

Public Notification and Outreach Rule Update

This article is a follow-up to our prior post of July 31, 2009 dealing with this issue. As you may know, the New Jersey Department of Environmental Protection (“NJDEP”) enacted a notification and public outreach rule,...more

Shawn Collins - Five Things to Do if your Water or Neighborhood is Polluted

This is an interesting article by Shawn Collins detailing the five things you should do if your neighborhood is, or may be, polluted. These typically arise in water or groundwater contamination cases, with chemicals or...more

ACOEM'S UPDATED POSITION ON THE "ADVERSE HUMAN HEALTH EFFECTS ASSOCIATED WITH MOLDS IN THE INDOOR ENVIRONMENT" - WHAT THE...

The American College of Occupational and Environmental Medicine (ACOEM) has recently published an updated paper on the health effects of mold exposure in an indoor environment. This article summarizes the key points that all...more

Toxic Tort Challenges to Property Owners and Managers

Toxic Torts challenge Property Owners and Managers with new legal claimslegal...more

Rogers Towers: Lender’s Protection When Foreclosing on Contaminated Property

Lenders often hold an “indicia of title” on property as a security interest for a loan. If the buyer has defaulted on the loan and contamination exists on the property, the decision to foreclose can be difficult. However,...more

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