New Jersey Appellate Division Ruling Expands the List of Potential Owners Eligible for Innocent Party Grants under the Brownfield Act
September 28, 2017
Stephen D. Daly
MGKF Litigation Blog
New Jersey’s Brownfield and Contaminated Site Remediation Act (the “Brownfield Act”) provides that a “person” who owns contaminated property may be entitled to a Hazardous Discharge Site Remediation Fund Innocent Party Grant (“innocent party grant”) to pay for remediation of the property so long as that person meets two requirements: (i) the person acquired the property prior to December 31, 1983 and continued to hold it until the innocent party grant is approved, and (ii) the person did not contribute to the contamination at the property. N.J.S.A. 58:10B-6(a)(4).
