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Awaiting the New Jersey Supreme Court decision on Morristown Associates vs. Grant Oil. Key decision on statute of limitations for Spill Act recovery/contribution action

The New Jersey State Supreme Court will soon decide whether a  six (6) year statute of limitations applies for Spill Act contribution/recovery actions- and at what point does the statute of limitations begin to toll.   Lawyers, developers, property owners, and the business community are awaiting the Supreme Court’s ruling in Morristown Associates v. Grant […]

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May 2014 Deadline for completing Remedial Investigation!

May 2014 Remedial Investigation Completion Deadline is drawing close The May 7, 2014 deadline for  completing the required Remedial Investigation is drawing close.   The  New Jersey Site Remediation Reform Act (N.J.S.A. 58:10C-1 et seq.), or SRRA,  requires NJDEP to undertake direct oversight of a remediation of most contaminated sites when the person responsible for […]

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Important Spill Act decision

On March 23, 2011, the New Jersey Appellate Division issued an important decision regarding a property owner’s liability pursuant to the New Jersey Spill Act. In NJDEP v. Dimant, the Appellate Court held that liability under the Spill Act requires proof of some nexus (or connection) between the use or discharge of a hazardous substance […]

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Suggestions on leasing a gasoline station

This is an article I wrote for the New Jersey Gasoline Retailers Association in December 2008. Despite the span of time, and the implementation of SRRA, the suggestions here are worth reviewing.  Although this was  written for operating a gasoline station, the suggestions here are also applicable to many other environmentally sensitive or  environmentally contaminated […]

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SRRA: so far, so good

Since the implementation of SRRA, the pace of obtaining ISRA approvals and final approvals  (RAO) for  current remediation cases  has significantly quickened.  During the last several months, many of my clients have obtained ISRA approvals in  transactions (some “easy” cases, others more difficult) in a fraction of the time they thought possible.  Additionally, many clients with long “open” […]

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LEASING GASOLINE STATIONS: AVOIDING THE ENVIRONMENTAL TRAP

Part One in a Two Part Series By Alan Ashkinaze Leasing a gasoline station in the current economy is fraught with many challenges; and one of the most important (yet overlooked) challenges is avoiding the environmental traps caused by the actions or inactions of your tenant. Lessors of gasoline service stations live in constant fear […]

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