Changes in New Jersey's Site Remediation Program Affect Natural Resource Damage Claims

June 12, 2009
Lynn Rosner Rauch and Christopher Ball
Mid Atlantic Real Estate Journal

Considerable attention has been paid to how the recently enacted Site Remediation Reform Act (SRRA) reforms the way contaminated sites will be cleaned up in New Jersey, largely related to privatization of the clean-up process and transfer of primary oversight responsibility for most clean-ups from the New Jersey Department of Environmental Protection (NJDEP) to Licensed Site Remediation Professionals.

SRRA's modification of the time within which the State may pursue claims for Natural Resource Damages (NRD) has received far less attention, and less attention than warranted given its potential impact on private parties' liability for NRD claims, and DEP's aggressive prosecution of NRD claims in recent years.

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