Recent Blog Posts
What Should I Do if I Discover a UST Leak on My Property?
It’s a nightmare scenario: You’ve purchased a nice, beautiful plot of land. You’ve demolished the old property, long since used. You begin the process of constructing a lucrative commercial building (or even a family home), only to discover signs of environmental contamination. You bring in an inspector and, lo and behold, you’ve discovered a… Read More »
Can You Be Liable Under the Spill Act if You Weren’t the Discharger?
New Jersey’s Spill Compensation and Control Act (Spill Act) imposes liability on companies that discharge hazardous chemicals into the environment. It’s generally understood that, to be liable under the Spill Act, your company must have been responsible for the discharge, i.e., you owned the land where the underground storage tank (UST) was located and… Read More »
Appellate Court Rules Site Owner Not Entitled to Judicial Review Before Direct NJDEP Oversight
If you discover an Underground Storage Tank (UST) leak or other environmental contamination on your property, the best thing to do is to handle the cleanup yourself, with help from the proper licensed professionals. The last thing you want to deal with is Direct Oversight by the New Jersey Department of Environmental Protection (NJDEP)…. Read More »
NJDEP Issues Guidance for Purchasers of Contaminated Sites
Remediation of an underground storage tank (UST) leak or other environmental contamination can take time. Property owners may have already planned to sell by the time they discover the spill, or they may institute a sale in the meantime even though the site remains under administrative oversight by regulators. Prospective buyers do not want… Read More »
Florida Department of Environmental Protection Investigates Large Fuel Spill
A recent fuel tank leak in the northwestern Florida panhandle has earned the unenviable attention of the Florida Department of Environmental Protection. The DEP is investigating the cause and circumstances of a major gasoline spill in the city of Navarre. The spill arose from an underground storage tank (UST) kept near a local marina…. Read More »
Gas Leaks, Oil Spills, Other Contamination Connected to Hurricane Ian
Hurricane Ian wreaked havoc on the State of Florida at the beginning of the fall. It has been declared the deadliest hurricane to hit Florida since 1935. The damage caused by the hurricane continues to be unearthed. A national hotline was established for citizens to report oil spills and other hazards, and reports have… Read More »
New Jersey AG Announces Seven New Environmental Enforcement Actions
If you are developing a new property or managing an existing property, the last thing you want to discover is a fuel leak. A damaged underground storage tank (UST) can open you up to significant liability from private citizens in the area as well as enforcement actions brought by the state. New Jersey has… Read More »
Thousands of Lawsuits Target Contaminated Water at Military Base
A number of lawsuits are being filed by plaintiffs from around the country concerning what may be one of the worst-ever cases of water contamination in the United States. The lawsuits are being brought by military personnel who were previously stationed at the Camp Lejeune Marine Corps base in North Carolina. After discovering that… Read More »
New Jersey Township Discovers Underground Storage Tank After Environmental Study Missed It
Private developers and municipalities alike need accurate information about the environmental conditions of their land. The presence of an old underground storage tank (UST), especially if there’s been a leak, can delay development and drive up new, unexpected costs. It’s important for any environmental survey to be thorough and complete, and any remediation efforts… Read More »
New Jersey Court Says Do Your Own Due Diligence – Don’t Blame Old Owner or Remediation Contractor
The New Jersey Appellate Division recently considered a matter in which the purchaser of a piece of property tried to hold a prior owner and that owner’s remediation contractor liable when the new owner found unexpected contamination. The court’s ruling is a reminder of the importance of conducting your own due diligence when purchasing… Read More »