Whenever estate planning involves the transfer of a business or real estate, environmental issues can be important drivers. Owners and operators of real property are strictly liable for the remediation of any contamination on the property regardless of who caused the contamination. Often families are unaware of the environmental obligations and liabilities associated with their
ISRA
Court Invalidates NJDEP Cleanup Rule For De Minimus Quantity Exemptions
By Gerard M. Giordano on
Posted in Environmental Litigation
On July 6, 2012, the New Jersey Appellate Division, in the case of Des Champs Laboratories, Inc. v. NJDEP, invalidated the NJDEP’s regulation requiring an owner or operator of an industrial establishment to certify that their property is clean when applying for a De Minimus Quantity Exemption (DQE) under the Industrial Site Recovery Act …
Proposed Amendments to DEP Site Remediation – Mandatory and Regulatory Timeframes
Posted in Remediation Oversight
In October, the New Jersey Department of Environmental Protection (“DEP”) proposed several amendments to two of its site remediation regulations, the Administrative Requirements for the Remediation of Contaminated Sites (the “ARRCs”) (N.J.A.C. 7:26C) and the Technical Requirements for Site Remediation (N.J.A.C. 7:26E).
There are three primary components to the proposed amendments. The first is to…