The New Jersey Department of Environmental Protection has recently proposed a new rule to its site remediation rules that will severely hinder commercial real estate transactions. The proposed rule states “when a person performing remediation as defined at N.J.A.C. 7:26C-1.3, including performing all appropriate inquiry in accordance with N.J.S.A. 58:10-23.11g, and obtains knowledge that a discharge has occurred at any location on a property, that person shall immediately notify the Department.” This new proposed rule would certainly curtail owners of commercial real estate from allowing prospective purchasers in performing “all appropriate inquiries” including soil or groundwater sampling as part of their environmental due diligence when purchasing property. This is a significant change in NJDEP regulations and policy that has been in existence for decades and will have a chilling effect on commercial real estate transactions, if promulgated. See proposed rule at: bit.ly/4hsjUzQ Jeffrey Cappola, Doug Eilender, Gordon C. Duus #EnvironmentalLaw #RealEstate #NJDEP #NJPropertyLaw #NewJerseyRealEstate
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Owner's of commercial real estate have demonstrated frustration with NJDEP's proposed new rule regarding due diligence and mandatory reporting requirement for discharges.
The New Jersey Department of Environmental Protection has recently proposed a new rule to its site remediation rules that will severely hinder commercial real estate transactions. The proposed rule states “when a person performing remediation as defined at N.J.A.C. 7:26C-1.3, including performing all appropriate inquiry in accordance with N.J.S.A. 58:10-23.11g, and obtains knowledge that a discharge has occurred at any location on a property, that person shall immediately notify the Department.” This new proposed rule would certainly curtail owners of commercial real estate from allowing prospective purchasers in performing “all appropriate inquiries” including soil or groundwater sampling as part of their environmental due diligence when purchasing property. This is a significant change in NJDEP regulations and policy that has been in existence for decades and will have a chilling effect on commercial real estate transactions, if promulgated. See proposed rule at: bit.ly/4hsjUzQ Jeffrey Cappola, Doug Eilender, Gordon C. Duus #EnvironmentalLaw #RealEstate #NJDEP #NJPropertyLaw #NewJerseyRealEstate
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DWR NEWS: California is approaching ten years of Sustainable Groundwater Management From the Department of Water Resources: This year marks the tenth anniversary of the Sustainable Groundwater Management Act (SGMA). In 2014, the signing of SGMA created the first major change to California water law in a century. #DepartmentofWaterResources #Groundwater #Policystateandfederal
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DWR NEWS: California is approaching ten years of Sustainable Groundwater Management From the Department of Water Resources: This year marks the tenth anniversary of the Sustainable Groundwater Management Act (SGMA). In 2014, the signing of SGMA created the first major change to California water law in a century. #DepartmentofWaterResources #Groundwater #Policystateandfederal
https://mavensnotebook.com/?p=164817&no_cache=1723662041
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In just two weeks, #environmental attorney Dianne R. Phillips will explore federal industrial stormwater management #regulations during a webinar organized by HalfMoon Education Inc. She will also cover topics including #industrialstormwater permits, eligibility, no exposure certification and permit requirements. Learn more: https://bit.ly/4bUlnvM #environmentallaw
Understanding Industrial Stormwater Laws and Regulations | Events | Holland & Knight
hklaw.com
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There is a saying "No man ever steps in the same river twice, for it’s not the same river and he’s not the same man.” by Heraclitus I have been researching the Public Trust Doctrine for a water matter and I am pleased to see 2 (two) new journal articles one by Saunders and another by Ngcobo on a reported matter that I argued in the High Court and the SCA on stormwater management, namely Featherbrooke. These articles are also on the back of an article by esteemed environmental researcher, A Van der Berg on the same case. This case has been premised on another reported decision that I successfully argued in the High Court, namely Propshaft, on municipal responsibility to manage stormwater. Our communities face climate change, ageing cities and ever increasing demands on natural resources as against chronic lack of service delivery. I hope that jurisprudential advances in this area of environmental law, will assist communities and our river systems. #environmentallaw #biodiversitylaw #waterlaw
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Pennsylvania Department of Environmental Protection has announced a pilot program to issue individual construction #stormwater #NPDES permits (that is, for projects that do not qualify for a #generalpermit) faster and more accurately. The idea is (among other things) to begin to simplify the permit process. #DEP has issued an 18-page set of standard operating procedures for the pilot. https://lnkd.in/e8y2uDc4. A flowchart of the pilot process follows. Up to three permits can be pilots in each of ten counties: Allegheny Beaver Bucks Chester Lebanon Lehigh Luzerne Monroe Montgomery York. #Chapter102 #cleanstreamslaw #cleanwateract #permitsimplification #noteditorializing #Pennsylvania #environmentallaw #environmentallitigation
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Attorneys, Debra Rosen, Charlie Dennen and Thomas Tyrrell, discussed The New Jersey Department of Environmental Protection (NJDEP) proposed rule change to hazardous substance discharge reporting requirements in the article, “NJDEP Proposes Changes to Hazardous Substance Discharge Reporting Rules,” for The Legal Intelligencer. If passed, the new rule will drastically affect discharge reporting during real estate environmental due diligence. Members of the real estate community have expressed concern that these new reporting rules could stall future development. Read the complete article: https://bit.ly/3W8AT15 #NJDEP #RealEstateDueDiligence #EnvironmentalLaw
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Sills Cummis’ Meryl Gonchar, Frank Vitolo and Andrew Robins are presenting at the New Jersey Builders Association’s Atlantic Builders Convention, which runs March 19-21 in Atlantic City, NJ. Meryl Gonchar is speaking on the “Legal Trends in Land Use Law” panel. Frank Vitolo is speaking on the “Mixed-Use Development/Redevelopment” panel. Andrew Robins is speaking on the “Annual Environmental Review” panel and moderating the “Site Remediation” panel. #LandUseLaw #MixedUseDevelopment #MixedUseRedevelopment #EnvironmentalLaw #SiteRemediation #AtlanticBuildersConvention
Atlantic Builders Convention 2024
https://www.sillscummis.com
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Trenk Isabel Siddiqi & Shahdanian co-founder David L. Isabel, who also serves as chair of the firm’s Environmental Law practice, tells Law360 reporter Emma Kennedy that although the outcome of the presidential election could redirect #environmental real estate policy, developers are prepared to engage with the new president quickly. According to David: “A lot [of client concern] has to do with the disruption and what the staff at the administrative agencies like the #EPA would use as a measure of success. Would it be [Superfund] site closure? More restrictive standards in terms of remedial alternatives being put in place? Would there be a loosening of cleanup standards? Those are the things we would be looking at in terms of the federal level.” To read the full article, please visit https://lnkd.in/gGHSMPWe.
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In a recent decision, the New Jersey Appellate Division vacated a trial court’s ruling based on the trial court’s failure to have a hearing when faced with opposing expert certifications – specifically, as to whether installing two #groundwater-monitoring wells should be permitted prior or subsequent to a construction project. In this blog, Gibbons associate Andrew Alessandro, a member of the firm’s #Environmental Group, takes a look at the relevant statutes and facts that practitioners may want to consider when faced with dueling certifications. To read the full blog, see https://lnkd.in/ewsFhHCB
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