New Jersey Spill Act: Innocent Purchaser Defense

Landowners seeking to avoid liability under the New Jersey Spill Act for prior discharges of hazardous substances can attempt to do so by affirmatively establishing the elements of the “innocent purchaser” defense.  Establishing “innocence” depends in large part on meeting due diligence requirements to establish that “all appropriate inquiry” into prior ownership and uses of […]

Court Rejects Effort to Shift Blame to Environmental Consultants

In a December 19, 2012 decision, the Appellate Division of Superior Court made clear that a property owner or operator cannot escape liability for environmental compliance by shifting blame to their environmental consultants. In 2000, Ross Fogg Enterprises detected a leak in the underground storage tanks at its gas station property.  DEP directed Ross Fogg […]

FEMA Issues New Base Flood Elevations

In the wake of Superstorm Sandy, the Federal Emergency Management Agency has issued advisory base flood elevation maps for 10 New Jersey counties: Atlantic, Bergen, Burlington, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean and Union. While labeled “advisory” these new flood zone maps are intended to more accurately reflect the true 100 year flood elevations […]

FEMA To Release New Advisory Base Flow Elevations Maps

This week and next the Federal Emergency Management Agency (“FEMA”) is going release Advisory Base Flow Elevations on maps which will determine the required elevation of structures in connection with the Federal Flood Insurance Program and will also be used by NJDEP in certain areas.  Some of these new maps will be released this week […]