Case Law for July 26 2012
Borough of Paulsboro v. Essex Chemical Corporation.
The App. Div. rule of Housing Authority of the City of New Brunswick v. Suydam Investors, 177 N.J. 2 (2003) that contaminated property acquired by eminent domain must be valued as if the contamination had been remediated was held not to apply in an eminent domain action for acquisition of property containing a landfill that has been closed with the approval of the Department of Environmental Protection, because the condemnee in that circumstance is not subject to any additional liability for remediation of the site.
In other case law news:
Des Champs Laboratories Inc. v. Robert Martin, Commissioner, New Jersey Department of Environmental Protection.
The Appellate Division struck down a NJDEP regulatory requirement that bars the sale of industrial properties with trace amounts of hazardous substances as being beyond the scope of the agency's authority under the ISRA statute. The Appellate Division said the state Department of Environmental Protection improperly denied Des Champs Laboratories Inc. a so-called de minimis quantity exemption that allows small industrial operators to avoid onerous preclosing inspections and cleanups required under the state Industrial Site Remediation Act. Neither the ISRA nor the Site Remediation Reform Act requires sites to be certified clean as part of the de minimis quantity exemption process, the appeals court found. “The imposition of such an obligation as a condition of DQE approval is inconsistent with ISRA and SRRA statutes which are designed, among other things, to streamline the regulatory process and, as ISRA proclaims, 'minimize governmental involvement in certain business transactions,'” the opinion said.
The court issued a 30-day stay on the ruling to give the DEP a chance to appeal the decision to the New Jersey Supreme Court.
News information compiled by The Law Office of Christopher D. Hopkins, LLC.
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