Closing Deals, Environmental Hurdles with Industrial Establishments
The Industrial Site Recover Act (ISRA) is not monumentally affected by the LSRP Program. However, the means utilized to work the ISRA maze and close transactions have been altered and the rules of engagement for remediation have changed for sure. When confronted with a site qualifying as an “industrial establishment” in NJ, under the new [...]
Spill Act Liability and the “Nexus” Test
On March 18, 2011, the Appellate Division ruled that under New Jersey’s Spill Act, strict liability for environmental discharges also requires proof of a “nexus between the discharge and the need for remediation and consequent damage”. New Jersey Department of Environmental Protection v. Dimant, App. Div. (Parrillo, P.J.A.D.). The court’s discussion and comparison of the State [...]
NJDEP Waiver Rule: A Long Time Coming
Finally, NJDEP has proposed a development friendly, flexible rule which would permit the State to waive strict compliance with certain environmental regulations. Under the proposed rule, NJDEP would consider waiver requests if, for example, the regulation at issue conflicts with another applicable State or Federal rule. The State would also look to advance waiver applications [...]
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