One of the most draconian aspects of NJ’s 2009 Site Remediation Reform Act is the authority of NJDEP to take direct oversight of older cleanups, stripping responsible parties of cleanup decision-making and requiring a trust fund in the amount of the cleanup to be established. That trust fund makes NJDEP the named beneficiary in the
Susan C. Karp
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Appellate Court Upholds Statutory Due Diligence Requirement and Finds Ownership Status after Declaration of Taking
By Susan C. Karp on
Liability based on property ownership under New Jersey’s Spill Compensation and Control Act (“Spill Act”) and its impact on condemnation cost recovery suits were the subject of an interesting decision last month in New Jersey Schools Development Authority vs. Marcantuone (October 29, 2012 ). The New Jersey Appellate Division made two rulings in this eminent …
Another Extension of the Permit Extension Act
By Susan C. Karp on
Posted in Land Development & Sustainable Building
There was another sigh of relief for developers in New Jersey as legislation to further extend the Permit Extension Act of 2008 passed both houses last week, keeping project approvals alive as developers wait for further improvement in the economy. The bill has now been sent to Governor Christie who is expected to sign it…
Will NJDEP’s Waiver Rule Survive Legislative Efforts to Derail It?…Stay Tuned
By Susan C. Karp on
Posted in Remediation Oversight
There are almost 50 days left until the NJ Department of Environmental Protection’s Waiver Rule takes effect on August 1, 2012. That is unless the NJ Senate decides to follow in the path blazed by the Assembly last month to derail the rule by approving a resolution directing NJDEP to amend or withdraw the Waiver…
Watershed Date for N.J. Site Remediation: May 7, 2012
By Susan C. Karp on
Posted in Remediation Oversight
Article as originally published in New Jersey Law Journal.
In just over two months, nearly every existing site remediation case pending before the New Jersey Department of Environmental Protection (NJDEP) will become subject to the 2009 Site Remediation Reform Act, N.J.S.A. 58:10C-1 et seq. The regulated community and NJDEP have been gearing up for this…