DEP Proposes Amendments To WQMP Rules
Posted by admin on 23 May 2007 | Tagged as: Environmental Issues
On
Archive for May, 2007
Public Comment on New Remediation Standards Sought
Posted by Phil Morin on 15 May 2007 | Tagged as: Environmental Issues
The New Jersey Department of Environmental Protection has released a draft of new remediation standards and technical requirements for site remediation as new section N.J.A.C. 7:26D and N.J.A.C. 7:26E-1.13. Among other things, the proposed soil remediation regulations will replace NJDEP’s long-standing practice of using the “soil cleanup criteria” as guidance, which has never been adopted as a formal regulatory standard. These standards are being proposed as mandated by the Brownfield and Contaminated Site Remediation Act, at N.J.S.A. 58:10B-12(a), which directs the Department to adopt minimum remediation standards for soil, ground water and surface water necessary for the remediation of contaminated sites.
Written comments will be accepted up to July 6, 2007, and a public hearing on the new regulations is scheduled for June 7, 2007 at 2:00 p.m. the NJDEP Hearing Room.
Saul Ewing attorneys have reviewed and provided comments on behalf of private clients and trade organizations on a wide variety of NJDEP rule proposals, ranging from the proposed stormwater management/water quality regulations to the low emissions vehicle rules recently adopted by the Department. If you would like further information on Saul Ewing’s brownfields and land use regulatory practice, visit our website at www.saul.com or contact us directly using the links on the right side of this home page.
When Can a $600,000 Difference in Price Be Considered “Substantially Similar”?
Posted by Phil Morin on 01 May 2007 | Tagged as: General
Preservationists undoubtedly cheered the recent decision in Bruce Paparone, Inc. v. State of New Jersey, Agricultural Development Committee, in which the Appellate Division held that it was a question of fact as to whether an offer to purchase farmland from a property owner under the Agricultural Retention and Development Act by the State Agricultural Development Committee (”SADC”) of $2.28 million was “substantially similar” to a developer’s proposed contract price of $2.88 million and that the trial court improperly granted summary judgment when the SADC was denied additional time to present its expert report as to valuation in opposition to Plaintiff’s motion. continue reading
Inverse Condemnation Action Subject to Six Year Limitation Period
Posted by Phil Morin on 01 May 2007 | Tagged as: General
In Raab v. Borough of Avalon, decided on April 30, 2007, the Appellate Division held, on issues of first impression, that (1) the physical taking of real property by a governmental agency, without compliance with the statutory safeguards established by law for the lawful exercise of eminent domain constitutes inverse condemnation, and (2) that actions to recover the value of the real property taken by inverse condemnation must be filed within six (6) years of accrual pursuant to N.J.S.A. 2A:14-1, when the landowner becomes aware of, or through reasonable diligence, should have become aware that he or she has been deprived of all reasonable beneficial use of the property. continue reading
