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The Problem With Aging USTs

By Hank Lutz and Roger Ferguson |

Underground storage tanks (USTs) are not meant to last forever. Owners and operators of older USTs face a difficult dilemma: Should they spend the capital to replace an older UST, or continue to conduct testing and maintenance and hope that insurance coverage will insulate them against potential spill liabilities? Below, we discuss the problem… Read More »

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Marine biologist analysing water test results on a tablet in Canada

NJDEP Issues New Response Action Outcome Guidance v. 3.1

By Hank Lutz and Roger Ferguson |

The New Jersey Department of Environmental Protection (NJDEP) has issued Response Action Outcome (RAO) guidance concerning environmental remediation efforts. Recently, NJDEP released a modified version of the guidance with updated instructions for the completion of RAOs and provided online training for ensuring that the relevant rules and statutes are followed by responsible parties. To… Read More »

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Sewage water works treatment plant aerial view from above showin

Federal Court Addresses Definition of “Owner” in RCRA

By Hank Lutz and Roger Ferguson |

State and federal liability for underground storage tank (UST) spills can be a complicated matter, often arising years after any of the current parties or successors-in-interest had anything to do with the original UST. A federal court recently addressed whether the owner of an old UST that was removed decades ago can still be… Read More »

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Aircraft Carrier and Sailboats in San Diego Bay in California

Navy Responds to State-Imposed Emergency Order to Drain Fuel Storage Tanks

By Hank Lutz and Roger Ferguson |

Real estate developers, gas station owners, and other private businesses are not the only parties to deal with problematic fuel storage tank issues. Managing underground storage tanks (USTs) and appropriately remediating any spills requires practiced hands, and failing to maintain storage tanks appropriately can lead to disaster. The U.S. Navy is learning that the… Read More »

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Illegal Pollution

New Jersey Set to Appoint Chief Enforcement Officer of NJDEP

By Hank Lutz and Roger Ferguson |

New Jersey Governor Philip D. Murphy has taken another step in pursuit of enhanced environmental regulation and enforcement. Following the Executive Order in his first term requiring the New Jersey Department of Environmental Protection (NJDEP) to develop guidance for state departments to incorporate environmental justice (EJ) considerations into their actions, the governor later signed… Read More »

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Recycling workers researching on the landfill

New Jersey Lawmaker Introduces Bill to Increase Penalties for Illegal Dumping

By Hank Lutz and Roger Ferguson |

New Jersey lawmakers and environmental officials have been making aggressive moves to reduce pollution and severely penalize those who cause environmental contamination. We’ve discussed numerous enforcement actions undertaken by the New Jersey Department of Environmental Protection (NJDEP) as well as revisions to storage tank site remediation rules and addressing contaminants of emerging concern. Some… Read More »

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Ecological Social Justice

New Jersey Announces Numerous Enforcement Actions Targeting Environmental Injustice

By Hank Lutz and Roger Ferguson |

New Jersey recently announced a number of environmental enforcement actions aimed at alleged pollution in areas with a history of “environmental injustice.” The lawsuits concern “overburdened” neighborhoods and are part of the state’s push to protect communities that have historically suffered the most with regard to pollution and environmental contamination. Read on to learn… Read More »

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Soil Testing. Agronomy Inspector Taking Soil Sample

EPA to Issue Revised Phase l Environmental Site Assessment Standard

By Hank Lutz and Roger Ferguson |

Environmental Site Assessments (ESA) have become a regular part of real estate development in the United States. The requirements for performing a proper ESA, or at least for identifying what counts as an actual problem condition and how to respond appropriately, have been a bit of a moving target for industry insiders to puzzle… Read More »

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Worker takes samples from the septic tank

NJDEP New Guidance for Contaminants of Emerging Concern

By Hank Lutz and Roger Ferguson |

On August 5, 2021, the New Jersey Department of Environmental Protection (NJDEP) issued new guidance concerning contaminants of emerging concern (CEC). The guidance pertains to contaminants that have recently been shown to occur in the environment and have been identified as a potential environmental or public health risk, including per- and polyfluoroalkyl substances (PFAS)…. Read More »

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Young plant in the morning light on nature background

Lawrence Service Station Demolished, Park to be Established After Contamination Analysis

By Hank Lutz and Roger Ferguson |

A notorious former Pit Stop service station in Lawrence Township was recently demolished after the township obtained a roughly $240,000 grant from the New Jersey Department of Environmental Protection’s (NJDEP) Hazardous Discharge Site Remediation Fund to pay for the demolition of the building and to study the soil underneath it. The demolition and study… Read More »

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