Recent Blog Posts
NJDEP Can Recover Primary Restoration Natural Resource Damage Under Spill Act Regardless of Actual Threat of Harm
The New Jersey Department of Environmental Protection (“NJDEP”) has broad authority to pursue claims for damages under the New Jersey Spill Compensation and Control Act (the “Spill Act”). According to New Jersey courts, the NJDEP can seek damages for the primary restoration of a natural resource, via an expedited and more expensive restoration plan,… Read More »
When is a Corporate Executive Personally Liable for a Spill Act Claim?
If you discover an underground storage tank (UST) on land owned by your real estate development or other company, you must act quickly, effectively, and appropriately to address the situation. If the UST has a leak, it is vital to undertake appropriate remediation as soon as possible and in accordance with state and federal… Read More »
Ruling Preserves NJDEP Jurisdiction to File Enforcement Action Against Polluters in Municipal Court
On November 13, 2019, the New Jersey Appellate Division issued a decision that has property owners and real estate developers on edge. The matter revolved around which courts have jurisdiction to hear enforcement actions brought by the New Jersey Department of Environmental Protection (NJDEP). Based on the decision, defendants in Spill Compensation and Control… Read More »
New Jersey Appellate Division Clarifies Spill Fund Lien Law & Procedure
If you are the owner of a property where an underground storage tank (UST) has leaked, you are responsible for the cleanup. If you later become the owner of a property where a UST previously leaked, the legal and financial responsibilities resulting from the prior leak are a bit muddier. The New Jersey Appellate… Read More »
New Jersey Attorney General, DEP File Multiple “Environmental Justice” Lawsuits
Underground storage tank (UST) leaks do not only lower your property value; they may also open you or your business to significant liability from property owners and government agencies. New Jersey’s Attorney General and the Department of Environmental Protection (DEP) recently brought six new “environmental justice” lawsuits against alleged polluters across the state. At… Read More »
Your UST May Be Lowering Your Property Value
Underground storage tanks (UST) containing potentially hazardous and environmentally destructive materials are incredibly prevalent across the U.S. There are over half a million active USTs and another two million inactive tanks across the country. More than half a million active and inactive USTs have been associated with leaks releasing these chemicals into the environment…. Read More »
Changes to New Jersey Site Remediation Reform Act
In 2009, many New Jersey developers were stuck deep in a backlog of sites to be reviewed by the Department of Environmental Protection (NJDEP). In response, the New Jersey legislature passed the Site Remediation Reform Act (SRRA), which significantly changed the process of site remediation, including by outsourcing much of NJDEP’s review role to… Read More »
Be Careful What You Admit To in a Spill Act Case
The New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. (the “Spill Act”) allows a landowner who cleans up and removes a hazardous substance, such as a UST spill, to bring a lawsuit for “contribution” against everyone else who contributed to the discharge or who otherwise should be liable for the cost… Read More »
Can I Be Sued if My UST Damages My Neighbor’s Property?
Underground storage tanks (USTs) can be an inconvenient hassle to discover on your property. Even when dealt with properly, they can still pose a risk to the environment, to local groundwater, etc., affecting property value. But what if a UST leak extends beyond your property and damages your neighbor’s land? Are you liable for… Read More »
Do Property Sellers Have to Disclose a UST?
The presence of an underground storage tank (UST) can delay or permanently affect a developer’s plans, and it can pose environmental and even health risks to property inhabitants. Once you buy a property with an abandoned UST, you become responsible for it. A UST can thus significantly impact a real estate deal. Are sellers… Read More »