Once again, a recent Appellate Division Panel opinion has environmental lawyers and their clients realizing that the New Jersey Department of Environmental Protection (“DEP”) may collect penalties in the state’s municipal courts. This time, the case concerned penalties assessed by DEP for failure to follow state site remediation requirements imposed by the Site Remediation and
Site Remediation
New Jersey’s SRRA Amended: What’s Changed?
By Michael K. Plumb on
On August 23 2019, New Jersey Governor Phil Murphy signed into law A5293, which amends the Site Remediation Reform Act (SRRA). The amendments are wide ranging and include exemptions from direct oversight, authorization to use surety bonds as remediation funding sources, and a requirement that the person responsible for conducting the remediation respond to public inquiries regarding the status of a remediation.…
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Disposed of in Place: The Sale of Contaminated Buildings Results in CERCLA Arranger Liability
By Matthew D. Orsini on
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…