No Statute of Limitations for Private Contribution Claims Under New Jersey’s Spill Act

By June Y. Lee |   Apr. 15, 2015

Selling a piece of commercial property often requires much negotiation and planning, and generally represents the culmination of a result of a well-reasoned business decision. And at the conclusion of the deal—and depending on the terms—the seller is divesting itself oftentimes of both an asset and liability. But for those sellers who believe that a sale provides an ending of the relationship with a particular property, recently the Supreme Court stated “not so fast.” Reversing the Appellate Court’s decision, the Supreme Court recently determined that there is no applicable statute of limitations, governing environmental contamination in New Jersey.

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Topics : Guidance, Legislation, Agreements & Abatements, Regulation, Commercial Real Estate, Environment, Environmental Law | 0 Comments Read More

The New ASTM E1527-13

By Jeffrey W. Cappola |   Jul. 3, 2014

In 2013, the EPA issued an amendment to the ASTM E1527-05 to reflect “evolving practices and a higher level of rigor.” While the most recent standard is encouraged, there is no law mandating that it must be used. E1527-05 may still be used in place of the updated standard because the EPA has not removed 2005 references in AAI regulations. This allows users to choose between the two standards because they can still refer to older references in the regulation literature. The changes made in the ASTM E1527-13 provide more clarity for those performing site assessments and require a higher standard from environmental professionals to ensure that all assessments are as thorough and rigorous as possible.

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Topics : Legislation, Environmental Law | 0 Comments Read More

Governor Christie Signs Legislation to Extend Site Remediation Reform Act

By Jeffrey W. Cappola |   Jan. 29, 2014

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 Investigation Report ("RIR") to the NJDEP on or before May 7, 2014.

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Topics : Legislation, Remediation | 0 Comments Read More

Completion of Remedial Investigation

By Jeffrey W. Cappola |   Apr. 25, 2013

The May 2014 requirement for completion of the Remedial Investigation and submittal of Remedial Investigation Report, imposed on certain contaminated sites in New Jersey by the Site Remediation Reform Act, is quickly approaching.

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Topics : Legislation, Compliance | 0 Comments Read More

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