On August 27, 2014, the Superior Court of New Jersey ruled in favor of Puritan Oil against a New Jersey property owner, finding that where the oil company had already taken steps to remedy contamination it caused on Plaintiff’s property, no further measure of damages was appropriate. Favorito v. Puritan Oil Company, Superior Court
due diligence
EPA Gives New ASTM Standard the Nod in Proposed Rule
By Jill B. Richardson on
As indicated in our latest blog post, here, on US EPA’s adoption of the new ASTM E1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, US EPA has taken the step necessary to make it clear that the 2013 Phase I standard should dictate future landowner efforts to meet the…
US EPA Approves, But Does Not Require, Use of the New ASTM Phase I Environmental Site Assessment Standard
By David P. Steinberger on
When a party buys or leases real estate, they may become liable for the cleanup of pre-existing environmental contamination, even if the new property owner/tenant did not release the contaminants. That liability exists under the Federal Comprehensive Environmental Response, Compensation and Liability Act, also known as the Superfund law. Most states also have similar laws…
Appellate Court Upholds Statutory Due Diligence Requirement and Finds Ownership Status after Declaration of Taking
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 …
Be Sure to Read the Fine Print In a Consultant’s Proposal
By David P. Steinberger on
When hiring an environmental consultant, it is important to carefully review the terms and conditions governing the agreement between you and your consultant. One of the key components of the professional services agreement is the section dealing with the consultant’s potential liability for its own negligence. Consulting firms will often look to limit their liability…