On October 13, 2021, the Biden Administration announced its plan to develop seven major offshore wind farms on the East and West coasts and in the Gulf of Mexico. These projects are part of President Biden’s plan to deploy 30 gigawatts of offshore wind energy by 2030, which would generate enough electricity to power more

David J. Mairo was featured on Envision Environmental, Inc.’s The Business of Environment podcast discussing how to strike an appropriate balance between the technical and legal sides of environmental issues such as site remediation, land use, real estate transactions and regulatory compliance to achieve results clients, regulators and other stakeholders can agree on. Throughout the

In November, the Third Circuit Court of Appeals affirmed a granting of summary judgment by the District Court for the District of New Jersey. The Court of Appeals determined that the current property owner’s claim for contribution pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was untimely because the statute of limitations for contribution claims begins to accrue when the party seeking contribution administratively settles its liability. That decision, Cranbury Brick Yard, LLC v. United States of America, fills one of the statutory gaps that exists in CERCLA.

The site in the case was a weapons manufacturing facility in Cranbury, New Jersey. During World War II and the Korean War, Unexcelled Manufacturing Co. manufactured bombs, anti-aircraft ammunition, grenade fuses, and other high-powered weapons for the U.S. Military. Following an investigation of the site by the New Jersey Department of Environmental Protection (NJDEP), a directive identified several responsible parties, including the former owner of the site and the U.S. Navy.
Continue Reading Third Circuit Fills Gap Left by CERCLA

Dennis M. Toft and Bozena M. Diaz will participate as panelists in the Opportunity Zone Boot Camp & Pitch Competition at the New Jersey Institute of Technology in Newark, NJ. Bonnie will cover tax considerations during the 9:00-9:50am panel, “Redevelopment 102: Real Estate Redevelopment in Opportunity Zones” – and they will serve together on the

Dennis M. Toft, Chair of CSG’s Environmental Group, will be speaking at the MGP Conference 2019 taking place from October 7-9, 2019 at the Loews Philadelphia Hotel in Philadelphia, PA. There, he will serve on the “Improving Community Relations” panel, discussing environmental justice and best practices for meaningful relationship building with communities developed on

In a recent unpublished decision, In the Matter of Spill Fund Lien, DJ No. 129570-02, the Appellate Division held that the New Jersey Department of Environmental Protection (“NJDEP”), through the Spill Fund Administrator (the “Administrator”), could file a Spill Act lien against the property of a person in any way responsible for a discharged hazardous substance (“person in any way responsible”). The court also found that NJDEP’s “lien contest” guidance, the procedure for challenging Spill Act liens, satisfied procedural due process requirements. This decision removes a potential ground for challenging Spill Act liens, expands the universe of persons against whom a Spill Act lien can be filed, and may even expand the universe of persons against whom NJDEP can level treble damages claims.
Continue Reading Appellate Division Rules that “Persons in Any Way Responsible” Are Dischargers Under the Spill Act, Upholds NJDEP’s “Lien Contest” Process as Constitutional

Robert Crespi will be speaking at the Brownfield Coalition of the Northeast’s 2019 Northeast Sustainable Communities Workshop on June 4, 2019. Rob will co-moderate the panel titled, “Getting Your Fill of Fill – A Discussion of the Issues Brownfield Developers Should be Aware of When Testing, Disposing and Reusing Building Materials, Including Concrete, Brick and

The United States 8th Circuit Court of Appeals recently decided that a tire company and its affiliate could be held liable under the Comprehensive Environmental Response, Compensation and Liability Act at 42 U.S.C. § 9601 et seq. (“CERCLA”) for selling property knowing that the contaminated buildings thereon would be demolished.  Dico, Inc. (“Dico”) owned

On April 20, 2018, Governor Murphy signed Executive Order 23. In the order, Governor Murphy concluded that New Jersey’s low-income communities and communities of color have been exposed to disproportionately high and unacceptably dangerous levels of air, water, and soil pollution, and that the State should focus its efforts on promoting environmental justice. Accordingly, the

The New Jersey Appellate Division recently ruled that a landowner’s lawsuit against a former attorney and environmental consultant could proceed to the discovery phase.  In CCM Properties, LLC, et al. v. Pieper, et al, the plaintiff engaged an environmental consultant to perform a ground penetrating radar survey of a property to determine whether any