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

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

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