To supplement our prior blog posts [here and here] with respect to this issue, on December 30, 2013, the USEPA published a final rule (“Final Rule”) adopting the ASTM E1527-13 Standard Practice for Environmental Site Assessments, Phase I Environmental Site Assessment Process, as a standard that satisfies the “All Appropriate Inquiry” (“AAI”) requirement

The Site Remediation Reform Act (“SRRA”) established a May 7, 2014 deadline for completing the remedial investigation for all sites that triggered remediation requirements prior to May 7, 1999.  If a responsible party fails to do so, the New Jersey Department of Environmental Protection (NJDEP) is required to undertake direct oversight of the remediation of

Late last year, the United States Environmental Protection Agency (“EPA”) issued Revised Enforcement Guidance Regarding the Treatment of Tenants under the Federal Comprehensive Environmental Response, Compensation, and Liability Act’s (“CERCLA”) Bona Fide Prospective Purchaser Provision.  CERCLA generally provides that the owner and operator of a facility from which there is a release or a threatened

In July of this year, the New Jersey Legislature modified the law addressing tax refunds by requiring a New Jersey property tax refund for certain industrial sites to be deposited with the New Jersey Department of Environmental Protection (“DEP”) and applied towards remediation costs instead of being paid to the owner or tax lien holder. 

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)