Recent Blog Posts
New Jersey AG Announces Seven New Environmental Enforcement Actions
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 »
Thousands of Lawsuits Target Contaminated Water at Military Base
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 »
New Jersey Township Discovers Underground Storage Tank After Environmental Study Missed It
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 »
New Jersey Court Says Do Your Own Due Diligence – Don’t Blame Old Owner or Remediation Contractor
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 »
NJDEP Proposes Rules Implementing Environmental Justice Initiative
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 »
Florida Town Fined by FDEP for Fuel Tank Violations
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 »
The Problem With Aging USTs
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 »
NJDEP Issues New Response Action Outcome Guidance v. 3.1
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 »
Federal Court Addresses Definition of “Owner” in RCRA
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 »
Navy Responds to State-Imposed Emergency Order to Drain Fuel Storage Tanks
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 »