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Hurricane Ian

Gas Leaks, Oil Spills, Other Contamination Connected to Hurricane Ian

By Hank Lutz and Roger Ferguson |

Hurricane Ian wreaked havoc on the State of Florida at the beginning of the fall. It has been declared the deadliest hurricane to hit Florida since 1935. The damage caused by the hurricane continues to be unearthed. A national hotline was established for citizens to report oil spills and other hazards, and reports have… Read More »

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Tank leaking fuel

New Jersey AG Announces Seven New Environmental Enforcement Actions

By Hank Lutz and Roger Ferguson |

If you are developing a new property or managing an existing property, the last thing you want to discover is a fuel leak. A damaged underground storage tank (UST) can open you up to significant liability from private citizens in the area as well as enforcement actions brought by the state. New Jersey has… Read More »

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wastewater being discharged

Thousands of Lawsuits Target Contaminated Water at Military Base

By Hank Lutz and Roger Ferguson |

A number of lawsuits are being filed by plaintiffs from around the country concerning what may be one of the worst-ever cases of water contamination in the United States. The lawsuits are being brought by military personnel who were previously stationed at the Camp Lejeune Marine Corps base in North Carolina. After discovering that… Read More »

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Gray building waste collection tanks are currently undergoing landfill operations, with sand and steel structures for placement, waste collection systems, basic public health systems. Septic tank for building.

New Jersey Township Discovers Underground Storage Tank After Environmental Study Missed It

By Hank Lutz and Roger Ferguson |

Private developers and municipalities alike need accurate information about the environmental conditions of their land. The presence of an old underground storage tank (UST), especially if there’s been a leak, can delay development and drive up new, unexpected costs. It’s important for any environmental survey to be thorough and complete, and any remediation efforts… Read More »

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Land remediation on site of former chemical works, prior to redevelopment

New Jersey Court Says Do Your Own Due Diligence – Don’t Blame Old Owner or Remediation Contractor

By Hank Lutz and Roger Ferguson |

The New Jersey Appellate Division recently considered a matter in which the purchaser of a piece of property tried to hold a prior owner and that owner’s remediation contractor liable when the new owner found unexpected contamination. The court’s ruling is a reminder of the importance of conducting your own due diligence when purchasing… Read More »

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Worker installing a huge fuel tank

NJDEP Proposes Rules Implementing Environmental Justice Initiative

By Hank Lutz and Roger Ferguson |

In September 2020, New Jersey Governor Phil Murphy signed into law a new Environmental Justice Law (EJL). At the time, we discussed the New Jersey Department of Environmental Protection’s (NJDEP) plans for implementation of the landmark EJL as well as ramped-up NJDEP enforcement efforts meant to further the goal of environmental justice. Recently, NJDEP… Read More »

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External fuel tanks at a filling station

Florida Town Fined by FDEP for Fuel Tank Violations

By Hank Lutz and Roger Ferguson |

Private owners are not the only parties who can be on the hook for failing to follow state and federal regulations concerning underground storage tanks and above-ground storage tank units. The Florida Department of Environmental Protection (FDEP) recently imposed a fine on the Town of Century for disregarding Florida state law concerning the maintenance… Read More »

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Old industrial rusty metal storage tanks - landscape color photo

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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