Subscribe for updates
Recent Posts
- Environmental Groups Denied Intervention in Constitutional Challenge to New York’s Climate Law
- Second Circuit Orders Attorneys’ Fees for Removal Arguments in New York City Climate Change Case
- Third Circuit Affirms Bankruptcy Jurisdiction to Interpret Confirmation Order and Denies Collateral Attack in Pending CERCLA Litigation
- Ninth Circuit Court of Appeals Holds that Cultural Uses May Be Considered in Natural Resource Damage Assessments
- Supreme Court's Denial of Certiorari Leaves a Circuit Split on the Scope for Citizen Enforcement Under Clean Water Act
Topics
- State Implementation Plans
- Venue
- NJDEP
- Connecticut
- Pollutants
- Federal Land Policy and Management Act
- Council on Environmental Quality
- Agency Action
- Loper Bright
- New Jersey Civil Rights Act
- Public Trust Doctrine
- Disparate Impact
- Title VI
- Environmental Justice
- Massachusetts
- Internal Investigation
- Evidence
- Citizens Suit
- FIFRA
- Federal Insecticide, Fungicide, and Rodenticide Act
- Georgia
- Major Questions Doctrine
- Lead Paint
- Greenwashing
- Good Faith Settlement
- Federal Facilities
- Statutory Notice
- Oil Pollution Act
- Federal Jurisdiction
- Owner Liability
- Court of Federal Claims
- Ripeness
- Renewable Fuel Standard
- Fish and Wildlife Service
- Greenhouse Gas
- Refinery
- Alaska
- Florida
- Solvents
- National Priorities List
- Vapor Intrusion
- Price-Anderson Act
- Solid Waste Management Act
- Personal Jurisdiction
- Successor Liability
- Operator Liability
- Potentially Responsible Parties
- Federal Circuit
- Environmental Covenants
- Apportionment
- Divisibility
- National Contingency Plan
- Strict Liability
- Water Pollution Control Act
- Historic Resources
- Utilities
- Public Utilities Commission
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Arbitration
- Alternative Dispute Resolution
- Climate Change
- Auer Deference
- Fees
- Commonwealth Court
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- Tribal Lands
- Gold King Mine
- Utah
- Federal Tort Claims Act
- New Mexico
- Delaware
- Delaware Department of Natural Resources and Environmental Control
- FERC
- National Forest Management Act
- Endangered Species Act
- United States Supreme Court
- Chevron Deference
- HSCA
- Alter Ego
- Corporate Veil
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- First Circuit
- Property Damage
- PCBs
- Building Materials
- Groundwater
- Natural Resource Damages
- Brownfield
- Innocent Party
- Brownfields
- Environmental Rights Amendment
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- FOIA
- Effluents
- Sediment Sites
- EHB
- Pipelines
- Texas
- Missouri
- Injunction
- Coal Ash
- Spoliation
- Stormwater
- TMDL
- Safe Drinking Water Act
- Colorado
- Drinking Water
- Michigan
- North Carolina
- Bankruptcy
- Clean Streams Law
- Civil Penalties
- Hearing Board
- Arranger Liability
- Sovereign Immunity
- Retroactive
- Tax assessment
- Damages
- Property Value
- Stigma
- Fair Market Value
- Storage Tank
- Electric
- Indemnification
- Energy
- Fifth Circuit
- Arizona
- Ninth Circuit
- Attorney-Client
- OPRA
- Iowa
- Discovery Rule
- Fourth Circuit
- Eighth Circuit
- Taxes
- Administrative Appeals
- Preemption
- CAFA
- Inspection
- Freshwater Wetlands Protect Act
- Residential
- New York
- Natural Gas Act
- Federal Energy Regulatory Commission
- Pennsylvania Department of Environmental Protection
- D.C. Circuit
- Mercury
- Hazardous Air Pollutants
- HAPs
- Condemnation
- Takings
- Storage
- Natural Gas
- Takings Clause
- Flooding
- Fifth Amendment
- Causation
- Spill Act
- NEPA
- Interior
- Mineral Leasing Act
- Tenth Circuit
- California
- Zoning
- Act 13
- Duty to Defend
- Insurance Coverage
- Eminent Domain
- Landfill
- Private Right of Action
- Sixth Circuit
- Water
- Illinois
- Citizen Suit
- Diligent Prosecution
- Subject Matter Jurisdiction
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Montana
- Equal-Footing Doctrine
- Riverbed
- Navigability
- Seventh Circuit
- Indiana
- Breach of Contract
- Public Lands
- Green House Counsel
- Bona Fide Prospective Purchaser
- EPA
- Laches
- Boiler MACT
- Delay Notice
- Rulemaking
- Equity
- CISWI
- Consent Decree
- Enforcement
- Declaratory Relief
- Second Circuit
- Contribution
- Procedure
- Standing
- NPDES
- Medical Monitoring
- Dimock
- Legislation
- Case Update
- Dukes
- Certification
- Contamination
- Louisiana
- CLE
- Discovery
- Work Product
- Cases to Watch
- Privilege
- Decisions of Note
- Expert Witness
- CERCLA
- Insurance
- Defense Costs
- Cost Recovery
- Real Estate
- Response Action Contractors
- Consultant Liability
- Negligence
- Remediation
- Donovan
- Army Corps
- Rapanos
- Nuisance
- Class Actions
- Hog Barn
- Kentucky
- Trespass
- Farming
- Odors
- Administrative Hearing
- New Jersey
- ISRA
- Informal Agency Action
- Railroad
- Cancer
- Emissions
- Waste
- Air
- Combustion
- RCRA
- Speaking Engagements
- Federal Procedure
- Third Circuit
- Toxic Torts
- Removal
- Clean Air Act
- Statute of Limitations
- Permits
- Title V
- Superfund
- Cleanup
- Supreme Court
- Multi-District Litigation
- Tolling
- Camp Lejeune
- Statute of Repose
- Due Process
- Deeds
- Clean Water Act
- Wetlands
- Mineral Rights
- Administrative Procedures Act
- Enforcement Action
- Marcellus Shale
- Leases
- Exploration
- Royalties
- Drilling
- Oil and Gas
Blog editor
Blog Contributors
Showing 6 posts in ISRA.
On April 25, 2025, the Superior Court of New Jersey, Appellate Division (the “Appellate Division”) in New Jersey Department of Environmental Protection et al. v. Desai et al., ruled on the statute of limitations for state claims brought under the New Jersey Spill Compensation and Control Act (the “Spill Act”), finding that claims concerning remediation do not begin to accrue until the remediation is complete. Read More »
What happens when a property owner agrees with a regulator and a prior owner/operator to accept a commercial-level clean-up with institutional controls, but before the remediation is complete and the deed restriction recorded, a new owner takes title and insists on a clean-up to residential standards? Under New Jersey’s Industrial Site Remediation Act (ISRA), who wins? The remediating party, ruled the New Jersey Superior Court, Appellate Division, on December 7, 2021, in an unpublished decision captioned Cozzoli Machine Company v. Crown Real Estate Holdings, Inc., No. A-1733-19. Read More »
New Jersey’s Brownfield and Contaminated Site Remediation Act (the “Brownfield Act”) provides that a “person” who owns contaminated property may be entitled to a Hazardous Discharge Site Remediation Fund Innocent Party Grant (“innocent party grant”) to pay for remediation of the property so long as that person meets two requirements: (i) the person acquired the property prior to December 31, 1983 and continued to hold it until the innocent party grant is approved, and (ii) the person did not contribute to the contamination at the property. N.J.S.A. 58:10B-6(a)(4).
In a decision issued last week, the New Jersey Superior Court, Appellate Division, held that Cedar Knolls 2006, LLC (“Cedar Knolls”) was eligible for an innocent party grant for the remediation of its property even though Cedar Knolls was not technically the same “person” that acquired the property before the statutory deadline. (Cedar Knolls 2006, LLC v. NJDEP, Dkt. No. A-1405-15T3 (N.J. Super. Ct. Sept. 20, 2017)). In doing so, the Superior Court explained that, with respect to owners eligible for innocent party grants, the Brownfield Act was more concerned with the “substance of ownership and continuity than the technicalities of the legal form.” Read More »
In July, 2001, the New Jersey Superior Court decided the case of White Oak Funding, Inc. v. Winning, 341 N.J. Super. 294 (App.Div.), cert. denied. 170 N.J. 209 (2001), holding that an owner of contaminated property purchased before September 14, 1993, was not liable for historic contamination that the owner did not contribute to. Only a week later, amendments to New Jersey’s Industrial Site Recovery Act (“ISRA”) became effective. Among other things, those amendments provided that owners who acquired property prior to September 14, 1993 would not be liable for clean-up costs if “at the time of acquisition, [the purchaser undertook] all appropriate inquiry on the previous ownership and uses of the property based upon generally accepted good and customary standards.” N.J.S.A. 58:10-23.11g(d)(5). So, did this amendment abrogate the holding in White Oak? A decade later, on October 29, 2012, the New Jersey Superior Court has said that it did. Read More »
New Jersey’s Industrial Site Recovery Action of 1993 (“ISRA”) requires owners and operators of industrial facilities to perform site assessment and remediation activities whenever a triggering event, such as a cessation of operations or sale of property, occurs. ISRA exempts, however, owners or operators who generate or use minimal amounts of hazardous substances from compliance with its requirements, known as a “De Minimis Quantity Exemption” or “DQE.” Pursuant to recently promulgated regulations, in addition to demonstrating the total quantity of hazardous substances handled at the facility are below specified regulatory thresholds, NJDEP requires all applicants for a DQE to certify that the applicant has no knowledge of contamination on the property above any remediation standard, regardless of the source, as a pre-condition to approval of a DQE. Read More »
Last month I blogged about Sackett v. Environmental Protection Agency (10-1062), the case involving pre-enforcement judicial review of compliance orders under the Clean Water Act that will be argued before the United States Supreme Court this term. Read More »
