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Help for Brownfields ( April 2003 )
Ever expecting an influx of residents and business to New Jersey, Trenton is again touting "smart growth", the control of sprawl and the promotion of redevelopment. Several state programs are available in New Jersey to promote development of "brownfields"— environmentally compromised and either abandoned, idle or underutilized sites that are often, but not always, former industrial sites or gas stations. -
Defending Contribution Claims Pursuant to the Spill Act ( April 2003 )
Last year, the Legislature amended the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., to provide an innocent-purchaser defense to persons who purchased contaminated property prior to Sept. 14, 1993. Although the amendment provides criteria necessary to be met to establish the defense, it leaves open-ended the level of due diligence and inquiry necessary to have been performed by a past purchaser. -
CERCLA Liability for Routine Construction Activities ( March 2003 )
The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") imposes strict liability upon four (4) categories of potentially responsible parties ("PRPs") for any release or threatened release of a hazardous substance into the environment. -
CERCLA Amended To Limit Liability, Stimulate Brownfields Redevelopment ( March 2002 )
President Bush signed into law the Small Business Liability Relief and Brownfields Revitalization Act, the first substantial set of amendments to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) in years. The amendments are complex and cover many aspects of the Superfund program. -
New Superfund Legislation ( February 2002 )
On January 11th the President signed PL 107-118, the "Small Business Liability Relief and Brownfields Revitalization Act," a new law that amends some of the liability provisions of the federal Superfund law ("CERCLA"). -
Real Estate Trends: Environmental Representations and Warranties in Acquisition Agreements ( November 2000 )
This article will examine common environmental representations and warranties and analyze a number of issues of concern to both buyers and sellers regarding those representations and warranties. -
Ignorance Is Not Bliss: What You Don't Know About Your Tenants May Hurt You ( January 2001 )
This article discusses the potential liabilities that an owner of commercial or industrial property may face under environmental laws in the context of landlord/tenant leasing arrangements. -
New Amendment to Pennsylvania's Hazardous Material Emergency Planning and Response Act ( January 2001 )
On December 20, 2000, Governor Ridge signed into law the first amendments to the Hazardous Material Emergency Plan. -
Remedial Design is Not Remediation ( January 2001 )
In the case of Louisiana v. Braselman Corporation, the U.S. District Court for the Eastern District of Louisiana.
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