
Subscribe for updates
Recent Posts
- D.C. Circuit Stays Mandate to Consider Clean Power Plan Afresh, Effectively Ending the CPP
- Pennsylvania Court Holds that Clean Water Act and Clean Streams Law are not Comparable, Permitting Citizens Suit to Proceed
- New “Habitat” Rule for the Endangered Species Act Finalized
- D.C. Circuit Vacates and Remands Trump Administration’s Affordable Clean Energy Rule
- Federal Court Tells WWII Waste Generators, “You'd Better Not Pout,” Awards Government $50 Million in Cleanup Costs
Topics
- Fish and Wildlife Service
- Greenhouse Gas
- Refinery
- Alaska
- Florida
- Vapor Intrusion
- Solvents
- National Priorities List
- Price-Anderson Act
- Personal Jurisdiction
- Successor Liability
- Potentially Responsible Parties
- Operator Liability
- Federal Circuit
- Environmental Covenants
- Apportionment
- National Contingency Plan
- Divisibility
- Strict Liability
- Water Pollution Control Act
- Solid Waste Management Act
- Public Utilities Commission
- Historic Resources
- Utilities
- Hydraulic Fracturing
- Water Use
- Ohio
- PFAS
- Alternative Dispute Resolution
- Arbitration
- Climate Change
- Auer Deference
- Fees
- Commonwealth Court
- West Virginia
- Forest Service
- TSCA
- Asbestos
- Martime
- New Mexico
- Utah
- Tribal Lands
- Federal Tort Claims Act
- Delaware Department of Natural Resources and Environmental Control
- Delaware
- FERC
- National Forest Management Act
- Endangered Species Act
- Chevron Deference
- United States Supreme Court
- HSCA
- Alter Ego
- Corporate Veil
- Allocation
- Eleventh Amendment
- Delaware River Basin Commission
- Mining
- Intervention
- New Hampshire
- PCBs
- Property Damage
- Building Materials
- First Circuit
- Groundwater
- Natural Resource Damages
- Brownfield
- Innocent Party
- Brownfields
- Pipeline Hazardous Materials Safety Administration
- PHMSA
- Environmental Rights Amendment
- FOIA
- Effluents
- Sediment Sites
- EHB
- Texas
- Missouri
- Pipelines
- Injunction
- Coal Ash
- Spoliation
- TMDL
- Stormwater
- Safe Drinking Water Act
- Colorado
- Michigan
- Drinking Water
- North Carolina
- Bankruptcy
- Clean Streams Law
- Hearing Board
- Civil Penalties
- Arranger Liability
- Retroactive
- Sovereign Immunity
- Damages
- Stigma
- Property Value
- Tax assessment
- Fair Market Value
- Storage Tank
- Electric
- Energy
- Fifth Circuit
- Indemnification
- Ninth Circuit
- Arizona
- OPRA
- Attorney-Client
- Iowa
- Fourth Circuit
- Discovery Rule
- Eighth Circuit
- Taxes
- Administrative Appeals
- Preemption
- CAFA
- Residential
- Freshwater Wetlands Protect Act
- Inspection
- New York
- Federal Energy Regulatory Commission
- Natural Gas Act
- Pennsylvania Department of Environmental Protection
- Mercury
- D.C. Circuit
- HAPs
- Hazardous Air Pollutants
- Condemnation
- Takings
- Natural Gas
- Storage
- Flooding
- Takings Clause
- Fifth Amendment
- Causation
- Spill Act
- NEPA
- Interior
- Tenth Circuit
- Mineral Leasing Act
- California
- Zoning
- Act 13
- Duty to Defend
- Insurance Coverage
- Eminent Domain
- Landfill
- Sixth Circuit
- Private Right of Action
- Illinois
- Water
- Citizen Suit
- Diligent Prosecution
- Subject Matter Jurisdiction
- Arkansas
- Pennsylvania
- Press
- Uncategorized
- Maryland
- Eleventh Circuit
- Montana
- Navigability
- Riverbed
- Equal-Footing Doctrine
- Indiana
- Seventh Circuit
- Breach of Contract
- Public Lands
- Bona Fide Prospective Purchaser
- Green House Counsel
- Enforcement
- Consent Decree
- Equity
- Laches
- Delay Notice
- EPA
- Boiler MACT
- Rulemaking
- CISWI
- Second Circuit
- Contribution
- Declaratory Relief
- Standing
- NPDES
- Procedure
- Medical Monitoring
- Dimock
- Case Update
- Legislation
- Dukes
- Louisiana
- Certification
- Contamination
- CLE
- Cases to Watch
- Discovery
- Expert Witness
- Privilege
- Work Product
- Decisions of Note
- CERCLA
- Cost Recovery
- Defense Costs
- Insurance
- Real Estate
- Remediation
- Response Action Contractors
- Consultant Liability
- Negligence
- Army Corps
- Donovan
- Rapanos
- Kentucky
- Nuisance
- Class Actions
- Odors
- Trespass
- Farming
- Hog Barn
- Informal Agency Action
- Administrative Hearing
- ISRA
- New Jersey
- Cancer
- Combustion
- Emissions
- Railroad
- RCRA
- Waste
- Air
- Speaking Engagements
- Toxic Torts
- Federal Procedure
- Removal
- Third Circuit
- Permits
- Statute of Limitations
- Title V
- Clean Air Act
- Supreme Court
- Cleanup
- Superfund
- Tolling
- Camp Lejeune
- Multi-District Litigation
- Statute of Repose
- Wetlands
- Administrative Procedures Act
- Deeds
- Clean Water Act
- Marcellus Shale
- Due Process
- Mineral Rights
- Enforcement Action
- Oil and Gas
- Royalties
- Drilling
- Exploration
- Leases
Blog editor
Blog Contributors
Showing 4 posts in ISRA.
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 »