Recent Articles

NJDEP Adopts Waiver Rule - Waiver of Strict Compliance with NJDEP Rules Now a Possibility

March 09, 2012 17:57

On March 8, 2012, the New Jersey Department of Environmental Protection announced the adoption of its “Waiver Rule.”  As set forth in the NJDEP’s press release “strict compliance with rules can sometimes produce unreasonable, unfair or unintended results that may...

Lack of Control by Insured Over Related Companies Results in Denial of Coverage

March 04, 2012 20:44

In Newport Associates, Phase 1 Developers Limited Partnership v. Travelers Casualty and Surety Company, No. HUD-L-3070-09 ( New Jersey L. Div. January 24, 2012), plaintiff developers brought a declaratory judgment action against its comprehensive general liability and excess insurance carriers...

OSHA's Top Ten Citations

February 09, 2012 15:47

The Occupational Safety and Health Administration (OSHA) is an agency within the United States Department of Labor.  OSHA’s primary function is to inspect workplaces including manufacturing facilities and construction sites to ensure compliance with its safety and health standards. ...

Cole Schotz Welcomes New Partner

February 07, 2012 18:18

Cole Schotz is pleased to welcome Susan C. Karp as a partner in the Environmental Department.   Ms. Karp regularly counsels clients on transactional and regulatory environmental issues relating to the sale and purchase of commercial and industrial properties, the cleanup and redevelopment of...

How Clean is Clean in New York

February 01, 2012 16:35

New York’s highest court recently upheld New York Department of Environmental Conservation’s (“NYDEC”) regulations regarding cleanups at contaminated sites.  In New York State Superfund Coalition Inc. v. New York State DEC, No. 189 (12/15/11), the New York State...

NJDEP has Finalized its Vapor Intrusion Technical Guidance Document

January 25, 2012 15:20

The NJDEP has recently finalized its revamped Vapor Intrusion Technical Guidance Document to provide more in depth assistance in the evaluation of vapor intrusion concerns.  Vapor intrusion concerns relate to the potential for the migration of volatile chemicals from the subsurface and to the...

Be Sure to Read the Fine Print In a Consultant's Proposal

January 19, 2012 18:52

When hiring an environmental consultant, it is important to carefully review the terms and conditions governing the agreement between you and your consultant.  One of the key components of the professional services agreement is the section dealing with the consultant’s potential...

New Jersey Appellate Court Grants Hearing to Contest Rescission of a No Further Action Letter

November 30, 2011 15:24

In the Matter of Crompton Colors, Inc., No. A 0778 09T1 (App. Div. 10/27/11), the NJ Appellate Division ruled that a property owner is entitled to have an administrative hearing regarding the rescission of a no further action letter (“NFA Letter”) by the DEP.  In this case, a...

Do You Have Available Sewer Service for your Development or Expansion? Are you Sure About That?

November 08, 2011 19:38

Being able to dispose of wastewater is a key element in any development, redevelopment or expansion project.  However, a process is underway in New Jersey that may remove properties from existing sewer service areas.  The New Jersey Water Quality Planning Act requires, among other...

Cole Schotz Welcomes New Partner

October 17, 2011 19:32

Cole Schotz is pleased to welcome Richard J. Ericsson as the Chair of the Environmental Law Department. Mr. Ericsson regularly counsels clients on the impact of environmental laws on corporate and property transactions and financing, the clean up and redevelopment of contaminated properties,...