In our second post on recent NJ Spill Act decisions involving historic dry cleaners, we examine New Jersey Schools Development Authority v. Marcantuone, 2012 N.J. Super. LEXIS 173 (App. Div. 10/29/12) where the appellate division ruled that a property owner who acquired a site in 1985 without performing environmental due diligence could not qualify for […]
Historic Dry Cleaners At Heart of Two Key NJ Spill Cases-Part 2 Read More »
2012 has turned out to be a significant year for NJ Spill Act litigation. Two opinions from this fall have been particularly notable to transactional attorneys because they involved a very common scenario encountered in urban areas-namely, properties with a history of numerous dry cleaner operators. Because dry cleaners are small businesses, their environmental impacts
Historic Dry Cleaners At Heart of Two Key NJ Spill Act Cases-Part 1 Read More »
During flooding, systems for heating, ventilating, and air conditioning (HVAC) can become submerged in flood waters. As a result, these systems may contain substantial amounts of dirt and debris and may also become contaminated with various types of microorganisms such as bacteria and fungi. The following recommendations will help ensure that HVAC systems contaminated with
CDC Tips on Cleaning HVAC Systems of Flood-Damaged Buildings Read More »
The federal Department of Housing and Urban Development (HUD) Office of Policy Development and Research (PD&R) has prepared a number of guides, brochures, reports and other resources to assist contractors and homeowners with flood-damaged homes and buildings. Following are links to some of these resources: Rehabbing Flooded Homes: A Guide for Builders and Contractors – This
Helpful Federal Resources for Homeowners and Businesses Damaged By Sandy Read More »
In United States v. La. Generating, LLC, 2012 U.S. Dist. LEXIS 134195 (M.D. La. 9/19/12), a federal district court ruled that reheater replacement projects for a coal-fired power plant did not qualify for the Routine Maintenance, Repair and Replacement (RMRR) exception to the New Source Review (NSR) program. As a result, the defendant who acquired the coal plant
Ct Finds Reheater Replacement Projects Triggered New Source Review Read More »
There is no polite way to sugarcoat the opinion of the United States District Court for the Northern District of Georgia in Stratford Holdings LLC v Fog Cap Retail Investors LLC and Footlocker Retail , Inc. , No 1:11-C-3463 (Sept. 17, 2012).This is a bad decision that reflects a fundamental misunderstanding of CERCLA. If followed
Georgia District Court Narrowly Construes Right of Cost Recovery Read More »
In parts of NYC, it feels like 2006 again with construction projects on every block. How is this possible at a time when lenders still shying away from construction loans and equity investors demand 20% returns? One popular source of relatively cheap financing is the so-called EB-5 visa program that is available to foreigners who invest
EB-5 Visa Program Becomes Important Source of Project Funding in NYC Read More »
A federal district court declined to dismiss a RCRA 7002 action brought by a foreclosing lender against the owner of an adjacent dry cleaner in Forest Park National Bank & Trust v Ditchfield, 2012 U.S. Dist. LEXIS 103007(N.D. Ill. 7/24/12). The court also granted summary judgment on the bank’s CERCLA cost recovery claim. One reason
Foreclosing Lender RCRA Action May Proceed Read More »
In the wake of increased damage from storms as well as growing recognition of the environmental benefits of floodplains, states are increasingly limiting development in areas that are prone to flooding during storms. This regulatory trend sometimes conflicts with state and federal historic preservation programs where historic building may be located in areas that are
Split Decision for NJ Owner in Floodplain Case Read More »
On May 7, 2012, the New Jersey Site Remediation Reform Act, N.J.S.A. 58:10C-1 et seq. (SRRA) became fully effective. With limited exceptions, all site remediation projects in the state of New Jersey regardless of when work began must proceed under the supervision of a Licensed Site Remediation Professional (LSRP) and without New Jersey Department of Environmental
NJ Lawyers Raise Concerns About Transparency of LSRP Program Read More »