Property Transfers Among Family Members Do Not Negate Innocent Party Status For Remediation Funding Grants

The cost to remediate contaminated sites can be significant and the scope of liability under environmental laws is deliberately broad.  In many cases under theories of strict, joint and several liability, property owners inherit liability for environmental contamination caused by predecessor owners.  The affirmative innocent purchaser defense is intended to provide a mechanism to limit […]

The Highest and Best Use Valuation for Property – The Synergy Between the Condemnation Award and the Escrow Amount

The Appellate Division of Superior Court recently published a decision providing further clarification of the seminal New Jersey Supreme Court condemnation case Housing Authority v. Suydam Investors, L.L.C. By way of background, in Suydam, the Court held that a condemned contaminated property should be valued “as if remediated” rather than “as is” when determining the […]

Due Diligence and the Bermuda Triangle: Getting it Done

Co-authored by Melissa A. Clarke As published in the Spring 2016 edition of Dimensions Due diligence can make or break a deal, and there is a lot on the line for those charged with getting it right.  (1)   From an environmental perspective in New Jersey, that can be daunting. The Bermuda Triangle of diligence […]

NJDEP Deadline Looming for Completing Remedial Investigations

Governor Christie’s signing of Assembly Bill No. 4543 into law in 2014 granted an extension of up to two years for the completion of remedial investigations, postponing the original deadline of May 7, 2014 to May 7, 2016. Those affected by this decision should be aware of the repercussions they will face for failing to […]

NJDEP Announces New Guidance On “Unrelated Contamination”

The New Jersey Department of Environmental Protection (NJDEP) has announced a specific “Guidance Document” and protocol to assist Licensed Site Remediation Professionals (LSRPs) to address contamination that is suspected to be unrelated to a known discharge undergoing remediation.  In essence, the roadmap provided by NJDEP addresses three basic scenarios where:  (1) contamination is suspected to […]

Remedial Investigation Deadline To Be Extended?

The Site Remediation Reform Act requires persons responsible for conducting remediation to complete remedial investigation of the entire contaminated site by May 7, 2014.  Responsible parties who fail to meet the deadline are subject to direct Department oversight and enforcement.  Negative consequences of direct oversight include among other things Department selection of the remedial action, […]

Remediation Deadline Leads To Surge In Access Requests

 In an effort to meet the statutory requirement to complete “remedial investigations” by May 7, 2014, many responsible parties are aggressively seeking off-site access to adjacent and nearby properties to undertake remediation activities such as soil, groundwater and vapor sampling.  The Brownfield and Contaminated Site Remediation Act provides persons undertaking remediation with a statutory basis […]