News

Changes to NJDEP Lead Standards for Soil Remediation

In May 2021, the U.S. Environmental Protection Agency (“EPA”) updated its Integrated Environmental Uptake Biokinetic Model for Lead in Children (“IEUBK”) — a predictive tool that estimates blood lead levels in children exposed to lead from various environmental sources such as soil, water, air, dust, and diet. Following this update, the New Jersey Department of Environmental Protection (“NJDEP”) published a notice in March of 2024 announcing that it had revised the state’s soil remediation standard to align with the EPA’s new recommended residential soil lead threshold of 200 mg/kg.

Understanding Greenwashing

Many consumers prioritize products and services that align with their environmental values, and they are often willing to pay a premium for such items. Growing awareness of environmental and health concerns has led to an increase in advertising and product labeling disclosures intended to influence purchasing decisions. However, not all claims are accurate or defensible. Some are incomplete, misleading, or even outright false.

What is Greenwashing?

EPA Steps in to Bring Cleaner Waters to the Hackensack River

On September 7, 2022​,​ EPA Deputy Regional Administrator Walter Mugdan, Representative Donald Payne, Jr., and Representative Josh Gottheimer, in conjunction with New Jersey Department of Environmental Protection (NJDEP) Commissioner Shawn M. LaTourette, the Hackensack Riverkeeper Captain Bill Sheehan, and other officials, joined together to announce that EPA is adding the Lower Hackensack River in Bergen and Hudson counties […]

The Spill Act’s Role in Property Sales and Ownership

If you own property in New Jersey that may be undergoing or in need of environmental remediation or are involved in a real estate transaction, understanding the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. (the “Spill Act”) and interrelated environmental statutes including the New Jersey Brownfield and Contaminated Site Remediation of […]

The Legacy of Contaminated Property: The Intersection of Environmental and Estate Law

When an estate includes contaminated property, estate lawyers may need the help of qualified, knowledgeable environmental attorneys.

Standing, Including Representative Standing, in Environmental Cases

A party seeking to assert claims in federal or New Jersey State court needs “standing,” which is more than a desire to affect the outcome of the case. In order to have standing, “a party must present a sufficient stake in the outcome of the litigation, a real adverseness with respect to the subject matter, […]

Navigating Tax Relief for Owners of Contaminated Properties in New Jersey

This blog was originally published in 2021. It has been updated for relevance and accuracy in 2024. Owners of contaminated property may be able to obtain potential tax relief which could help mitigate the financial strain of conducting remediation. New Jersey courts have long recognized the negative impact environmental contamination has on the fair-market value […]

Upcoming 2024 Mandatory and Regulatory Deadlines to Complete the Remediation of Contaminated Properties in New Jersey

Our blog regarding Remediation Deadlines was originally published in 2021. It has been supplemented in 2024 for relevance and insights. As we move into 2024, the environmental remediation landscape continues to evolve, presenting both challenges and opportunities for property owners, developers, operators, and other parties responsible for remediating contamination. Many parties conducting cleanups find themselves […]

Insurance Coverage for PFAS Contamination

When property owners are subject to potential enforcement related to PFAS contamination, can historic insurance policies cover remediation costs?

Sellers Beware: Even in “As Is” Real Estate Transactions, Sellers Must Disclose Latent Defects

In Battaglia v. Aversa, No. A-3240-21 (App. Div. Sept. 22, 2023) (per curiam), the Appellate Division revisited the duty to disclose set forth in Strawn v. Canuso, 140 N.J. 43 (1995), which holds that the seller of real estate has a duty to disclose “on-site defective conditions if those conditions are known to [to the […]