News & Analysis as of

Contaminated Properties Department of Environmental Protection

Saiber LLC

New Jersey Supreme Court Affirms DEP’s Discretion to Rescind Remediation In Progress Waivers, Underscoring Environmental...

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In a unanimous decision issued on April 7, 2025 in In re Appeal of the N.J. Dep’t of Environmental Protection’s Denial of Request for Adjudicatory Hearing, the New Jersey Supreme Court held that the Department of...more

Barnea Jaffa Lande & Co.

Israeli Environmental Protection Ministry Takes Major Step to Ensure Environmental Rehabilitation per Polluter Pays Principle

The Knesset Finance Committee, headed by MK Alex Kushnir (Yisrael Beitenu), recently approved a mechanism for compensation for the rehabilitation of industrial waste damages caused by Rotem Amfert (of the ICL Group). The...more

Greenbaum, Rowe, Smith & Davis LLP

An Update On NJ’s Dirty Dirt Law: DEP Issues New Compliance Advisory With Updated Registration And Licensing Deadlines For...

On September 10, 2021, the New Jersey Department of Environmental Protection (DEP) issued a Compliance Advisory announcing updated deadlines and filing requirements for “business concerns” that are engaged in soil and fill...more

Greenbaum, Rowe, Smith & Davis LLP

NJDEP Overhauls Remediation Standards For Contaminated Sites in New Jersey

On May 17, 2021, the New Jersey Department of Environmental Protection (DEP) promulgated a comprehensive amendment of the remediation standards that determine when remediation of New Jersey contaminated sites has been...more

Troutman Pepper Locke

NJ Emergency Rule Modifies Site Remediation Timeframes In Response To COVID-19

Troutman Pepper Locke on

On April 24, the New Jersey Department of Environmental Protection (DEP) adopted a temporary rule modification that grants extensions to certain site remediation timeframes under the Administrative Requirements for the...more

Pierce Atwood LLP

Maine PFAS Task Force Issues Report and Maine Legislature Considers Amending State's Superfund Law

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Maine is taking several major steps in addressing per- and polyfluoroalkyl substances (PFAS). The Maine PFAS Task Force just issued its final report, which included a significant number of recommendations that are likely to...more

Saul Ewing LLP

NJ Seller Responsible for Costly Enviro Closure Under Contract of Sale

Saul Ewing LLP on

A recent unpublished New Jersey Appellate decision highlights the inadvisability of open-ended agreements to obtain final remediation documents in connection with a sale of New Jersey property. ...more

Carlton Fields

Florida Regulation of PFAS at Airports and Governmental Installations Ramps Up

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A new environmental issue could have a major impact on airports. The Florida Department of Environmental Protection (FDEP) is in the process of performing investigations at a number of federal, state, and local facilities...more

Pierce Atwood LLP

Maine PFAS Tracker - Maine Standards and Proposed Actions

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Pierce Atwood LLP offers this summary of Maine Per- and Polyfluoroalkyl Substances (PFAS) standards as a convenience in evaluating PFAS and tracking Maine Department of Environmental Protection (DEP) regulatory and Maine...more

Pierce Atwood LLP

Maine DEP Establishes Aggressive Requirement for PFAS Testing in Biosolids

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On Friday afternoon March 22, 2019, the Maine Department of Environmental Protection (DEP) announced in a memorandum to licensed facilities that land apply, compost, or process biosolids (i.e., wastewater treatment sludge)...more

Pierce Atwood LLP

Maine’s “Wicked Good” Voluntary Cleanup Program

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Maine’s Voluntary Response Action Program (VRAP) was enacted in 1993 to encourage the cleanup and redevelopment of Maine’s contaminated properties....more

Mitchell, Williams, Selig, Gates & Woodyard,...

CERCLA Liability: Federal Appellate Court Addresses Whether Current Owner Can Be Responsible for Pre-acquisition Cleanup Costs

The United States Court of Appeals for the Third Circuit (“Court”) addressed in an October 5th opinion a Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) liability issue. See Pa. Dep’t of Envtl,...more

Pierce Atwood LLP

New Maine Remedial Action Guidelines (RAGs) Are Rich With Guidance

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Mainers interested in the question “how clean is clean?” – not to mention the Maine Department of Environmental Protection (DEP) – heavily rely on the Maine Remedial Action Guidelines (RAGs) for Sites Contaminated with...more

Bowditch & Dewey

Governor Baker Extends the Brownfields Tax Credit Program Until 2023

Bowditch & Dewey on

The Brownfields Tax Credit program was due to expire on August 5, 2018. However, on May 31, 2018, Governor Baker signed the Housing Bond Bill, H4536, which, among other things, extended the Brownfields Tax Credit program for...more

Blank Rome LLP

Appellate Division Clears Way for Business Entities to Receive Brownfield Innocent Party Grants When Property Is Transferred among...

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The New Jersey Appellate Division recently lessened the rigidity by which an innocent purchaser may be eligible for a so-called “Innocent Party Grant” to cover costs associated with the remediation of contaminated property....more

Cole Schotz

Wash Those Sediments Right Outta Your RAO! NJDEP Releases New RAO Notice

Cole Schotz on

Last week, the New Jersey Department of Environmental Protection (NJDEP) announced a new Response Action Outcome (RAO) Notice, which allows Licensed Site Remediation Professionals (LSRPs) to issue an RAO for a site with...more

Troutman Pepper

When May a Previously Approved Site Closure Not Provide Closure - Reopening Vapor Intrusion Sites

Troutman Pepper on

We can expect the trend seen in Massachusetts and some other states of reevaluating and reopening previously closed sites to address the vapor intrusion pathway to grow. Massachusetts is the latest state to reevaluate...more

Beveridge & Diamond PC

An Update on Reopening TCE Sites in Massachusetts

The Massachusetts Department of Environmental Protection plans to begin contacting some owners of properties with closed trichloroethylene (TCE) remediation sites and requiring them to conduct testing, following a review of...more

K&L Gates LLP

PADEP Proposes Tough New Policy for Enforcing Oil and Gas Violations and Responding to Water Contamination Complaints

K&L Gates LLP on

On October 3, 2014, the Pennsylvania Department of Environmental Protection (“PADEP”) unveiled a new draft policy that would strengthen its compliance and enforcement protocols for both unconventional and conventional oil and...more

Pullman & Comley, LLC

Connecticut Department of Energy and Environmental Protection Releases "Evaluation of Risk-Based Decision Making" With Public...

Pullman & Comley, LLC on

On August 29, 2014, the Connecticut Department of Energy and Environmental Protection (DEEP) released “Evaluation of Risk-based Decision Making,” a report prepared by CDM Smith under contract to the state. DEEP has now...more

Cole Schotz

No Need To Wait For NJDEP’s Approval When Seeking Contribution For Site Cleanups

Cole Schotz on

Parties that find themselves responsible for the remediation of contaminated property in New Jersey do not have to wait for the New Jersey Department of Environmental Protection (“NJDEP”) to approve a final cleanup plan...more

Carlton Fields

What’s New In Risk Based Corrective Action In Florida?

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Over the last several years, under the direction of Governor Rick Scott, the Florida Department of Environmental Protection (FDEP) has embarked on an aggressive program to streamline regulatory processes across program areas,...more

Pierce Atwood LLP

Final Remedial Action Guidelines From Maine DEP Published, Including New PCE Cleanup Levels

Pierce Atwood LLP on

After several years of formal and informal proposals, the Remedial Action Guidelines (RAGs) have finally been revised, and are now effective, thanks to action by the Maine Department of Environmental Protection (DEP). ...more

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