Robert Crespi will be speaking at the Brownfield Coalition of the Northeast’s 2019 Northeast Sustainable Communities Workshop on June 4, 2019. Rob will co-moderate the panel titled, “Getting Your Fill of Fill – A Discussion of the Issues Brownfield Developers Should be Aware of When Testing, Disposing and Reusing Building Materials, Including Concrete, Brick and
Environmental Law Blog
Latest from Environmental Law Blog - Page 4
Disposed of in Place: The Sale of Contaminated Buildings Results in CERCLA Arranger Liability
The United States 8th Circuit Court of Appeals recently decided that a tire company and its affiliate could be held liable under the Comprehensive Environmental Response, Compensation and Liability Act at 42 U.S.C. § 9601 et seq. (“CERCLA”) for selling property knowing that the contaminated buildings thereon would be demolished. Dico, Inc. (“Dico”) owned several…
NJDEP Seeks Public Comment on Environmental Justice Guidance
On April 20, 2018, Governor Murphy signed Executive Order 23. In the order, Governor Murphy concluded that New Jersey’s low-income communities and communities of color have been exposed to disproportionately high and unacceptably dangerous levels of air, water, and soil pollution, and that the State should focus its efforts on promoting environmental justice. Accordingly, the…
Obscure Indeed: Missing Underground Storage Tanks Save Plaintiff’s Suit from Dismissal
The New Jersey Appellate Division recently ruled that a landowner’s lawsuit against a former attorney and environmental consultant could proceed to the discovery phase. In CCM Properties, LLC, et al. v. Pieper, et al, the plaintiff engaged an environmental consultant to perform a ground penetrating radar survey of a property to determine whether any underground…
Spill or Fill? An Important Consideration When Bringing a Spill Fund Claim
In a recent decision, U.S. Masters Residential Property (USA) Fund v. New Jersey Department of Environmental Protection – Financial Services Element, the New Jersey Superior Court’s Appellate Division held that a claimant could not recover from the Spill Fund where contamination on the claimant’s properties was the result of historic fill and defuse anthropogenic pollution…
EPA to Launch Hazardous Waste e-Manifest System
On Monday, the United States Environmental Protection Agency (“EPA”) issued a Compliance Advisory Update announcing the implementation of streamlined changes to the Hazardous Waste Manifest submission process. Pursuant to the Hazardous Waste Electronic Manifest Establishment Act, beginning on June 30, 2018, EPA will launch a new e-Manifest system nationwide, allowing Hazardous Waste Manifests to be…
Is a permit required to fill your property?
It may be much harder to fill property in New Jersey. In a recent decision, New Jersey Department of Environmental Protection v. Bleimaier, 2018 WL 1513152, (App. Div. 2018), the New Jersey Appellate Division in effect has held that the placement of more than five-yards of fill material always changes the existing topography and a…
The Bible Tells Me What?
Over the past few months the intersection of religious principles and environmental protection has become a topic of public dialogue. Religious beliefs have also been invoked in recent cases seeking to block pipeline projects or protect endangered species. Even more recently, the press has reported on statements by EPA Administrator Scott Pruitt which suggest that…