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Environmental Law Supplement

Environmental Law

New Jersey Law Journal

July 15, 2009


Renewable Energy Will Require Some Creative Legal Solutions
Without some creative approach to the legal and practical issues, biomass on a large scale basis will not be economically viable. That result would leave us to rely on the rock stars, solar and wind, and far short of the renewable energy goals in the EMP.
By James Stewart
 
Q&A With DEP Acting Commissioner Mark N. Mauriello
The following consists of the commissioner’s responses to some of the most pressing environmental issues of the day.
By Lewis Goldshore
 
A New 'Arrangement' for Clean-up Cases
A recent CERCLA decision by the U.S. Supreme Court may make the Spill Act a much more attractive option, and may result in more cases being filed in state court rather than federal district court.
By Paul M. Hauge and Edward Fr. McTiernan
 
Deadline Alert: Public Notification for Ongoing Remediation Projects
The NJDEP amended the New Jersey Technical Requirements for Site Remediation, N.J.A.C. 7:26E requiring enhanced public notification for remedial work at virtually all contaminated sites, including new and on-going projects and ISRA and non-ISRA remediation projects.
By Lisa M. Bromberg, Sarah M. Canberg and Thomas Spiesman
 
'Continuous Trigger' Happy? Not So Fast, Appellate Division Says
The Franklin Mutual decision reflects the approach that most insurance carriers already take to allocation for environmental claims. The opinion does, however, succinctly restate the basic principles of Owens-Illinois and its progeny and remind carriers that their obligation is to their insured.
By Jason L. Jurkevich
 
The Business End of SRRA: The Effect on Transactions Involving Contaminated Property
The sweeping changes mandated under SRRA will have far-reaching implications for transactions involving contaminated or potentially contaminated properties in New Jersey for years to come.
By Steven L. Humphreys
 
Perc You Up
NJDEP had proposed regulations to reduce the amount of perc entering the environment by restricting and, ultimately, eliminating its use in the dry cleaning industry.
By Brooke E. Newborn
 
Shareholder, Officer and Director Liability Under the NJ Spill Act
The Spill Act, with its broad scope of liability, may offer another avenue to hold individual corporate shareholders, directors and officers liable for cleanups.
By Craig Huber
 
Dealing with Deal-Breaking False Positives
Chemical laboratory errors, shoddy field work and poor well installations often can result in reports finding groundwater contamination that simply does not exist. Two recent matters highlight the need for additional scrutiny once the “results” are in hand.
By Franklin J. Risenburger and Kelly A. Williams

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