Exemption Rulings Impact on New Jersey Site Remediation

August 10, 2012
Rodd W. Bender and Bruce S. Katcher
The Legal Intelligencer

Some observers have questioned whether a recent decision by the New Jersey Appellate Division suggests that New Jersey's traditionally stringent environmental cleanup requirements are becoming more business-friendly. Upon review, the July 6 decision alone represents only a narrow loosening of cleanup obligations in New Jersey. However, the case comes at a time of other major changes in New Jersey's site remediation regulatory changes in New Jersey's site remediation regulatory framework that offer both new benefits as well as burdens for those owning contaminated property or conducting site remediations in the Garden State. As such, the court's observations on the legislative intent associated with changes in the program over time welcome closer scrutiny.

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