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Environmental & Energy Law Monitor News & Updates on Environmental & Energy Law in the Mid-Atlantic Region and Throughout the United States

Tag Archives: LSRP

How to Value Contaminated Property in a New Jersey Condemnation Matter

Posted in Managing Environmental Risk in Transactions

A recent New Jersey Appellate Division case clarifies the process of valuing contaminated property in a condemnation action, and finds that where the cleanup has been completed, even if contamination remains at the property, the property owner is not required to escrow additional monies for any further cleanup. In 2003, in the Suydam Investors case,… Continue Reading

Practical Considerations in Real Estate Transactions in Light of SRRA

Posted in Remediation Oversight

Article originally published in 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 May 7, 2009. SRRA transferred the responsibility of overseeing most cleanups in the state from the New Jersey Department of Environmental Protection (NJDEP)… Continue Reading

NJDEP to Rank Contaminated Properties Based Upon Environmental Risk

Posted in Managing Environmental Risk in Transactions

Over the next three to four weeks, the NJDEP will be sending letters to the responsible parties for all contaminated properties in New Jersey (other than residential properties) providing the NJDEP’s proposed ranking for each site.  Responsible parties will have only about 60 days to “challenge” those rankings. The Site Remediation Reform Act, passed in… Continue Reading

Public Notification and Outreach Rule Update

Posted in Remediation Oversight

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, N.J.A.C. 7:26E-1.4 et seq., in September of 2008.  The regulation requires responsible parties who are conducting an environmental investigation… Continue Reading

NJDEP’s New Vision

Posted in Remediation Oversight

On July 16, 2010, the New Jersey Department of Environmental Protection (“NJDEP”) Commissioner, Bob Martin, published a List of Policy Priorities and a Vision Statement (see links below) in written form that will serve as a guide for the NJDEP to be more efficient and consumer friendly. The goals of these two documents are to… Continue Reading

Cole Schotz Secures One of the First Response Action Outcomes

Posted in Remediation Oversight

On November 4, 2009, the New Jersey Department of Environmental Protection (“DEP”) issued regulations for the new site remediation requirements under the Site Remediation Reform Act. One of the most significant requirements of the new law is that all new cleanup cases are required to be competed through the use of a Licensed Site Remediation… Continue Reading

Interim Regulations Passed That Revamp New Jersey’s Site Remediation Program

Posted in Remediation Oversight

The Administrative Requirements For Remediation Of Contaminated Sites (“ARRCS”) were promulgated on November 4, 2009. These interim rules were issued pursuant to the Site Remediation Reform Act (“SRRA”) that was passed on May 7, 2009, which changes the way investigation and cleanups are conducted in New Jersey. These interim regulations include significant modifications to the… Continue Reading

Governor Corzine Signs Site Remediation Reform Act

Posted in Remediation Oversight

On May 7, 2009, Governor Jon Corzine signed into law the Site Remediation Reform Act (the “Law”) that will overhaul the way investigations and cleanups are done in New Jersey. The Governor concurrently signed Executive Order #140 that clarifies certain provisions to the Law (http://www.state.nj.us/infobank/circular/eojsc140.htm). The Law addresses the overburdened New Jersey Department of Environmental… Continue Reading