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 and contamination in and around the surrounding area. In the below passage, the Court went further in clarifying and defining liability in Spill Act cases than (in my opinion) any time before: It is also evident from the Spill Act’s definition of a “discharge,” which explicitly refers to resultant “damage[s],” that some nexus between the use or discharge of a substance and its contamination of the surrounding area is needed to support a finding of Spill Act liability. A reading of this decision suggests that the mere ownership of property during the time the discharge[…]Continue Reading…
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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 properties. Again, before entering into a lease of this kind, or deciding to lease your property to a third party, please consult your attorney. 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 that an environmental liability, such as contamination caused by[…]Continue Reading…
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” UST and/or site remediation cases are now ”opting” into the LSRP program with the hopes of securing a RAO in short order. So far SRRA is working well: transactions are closing faster, “open” cases are getting “closed”, and the many long standing contaminated sites in New Jersey are finally being remediated.
Here is Charlie Stile’s article: Conservative surge Christie’s election represents the high water mark of an informal group of conservative activists who began meeting regularly at the Empire Diner in Parsippany eight years ago. The Tuesday Group began its lunch sessions in 2002, which could be considered the nadir of the conservative movement in New Jersey. But several activists became inspired and puzzled that year by staunch conservative E. Scott Garrett’s election to Congress despite the state’s Democratic tilt. They began holding occasionally contentious discussions about how to replicate the Garrett model elsewhere in blue Jersey. Two Tuesday Group alums, former Jersey City Mayor Bret Schundler and Sussex County freeholder Harold “Hal” Wirths, are joining Christie’s cabinet, Schundler as education commissioner and Wirths as labor commissioner. And the meetings’ once-sparse attendance has been replaced by standing-room-only crowds. “We’re ecstatic,” said Alan Ashkinaze, a Hackensack lawyer and one of the[…]Continue Reading…
When Bret Schundler was Mayor of Jersey City, I had the honor of working side by side with him as an Assistant Corporation Counsel and Mayor’s aide (1993-2001.) I know that Bret’s experience, intelligence, and “can do” attitude wills serve him well in this position. Good luck, Bret.
Bob Martin to be nominated Commissioner of NJ Department of Environmental Protection Bob Martin, a Hopewell Township business executive, will be nominated by Chris Christie to serve as commissioner of the Department of Environmental Protection. Martin is a retired partner with Accenture and worked with the Christie campaign and transition team on energy and environmental policies during his race for governor. Martin will replace Mark Mauriello, who has been serving as commissioner for more than a year after his predecessor Lisa Jackson was tapped to head the federal Environmental Protection Agency. A Republican, Martin ran for state Senate in Mercer County in 2007 but lost to Democratic-incumbent Shirley Turner. “Commissioner of the Department of Environmental Protection is one of the most important roles in any administration. The Department’s large workforce, and the fact the Department’s actions impact business and individuals in so many ways mean a successful Commissioner must bring a diverse skill set with them[…]Continue Reading…
I am very honored to be one of 12 attorneys who will be serving as counsel to Governor-Elect Chris Christie’s Transition Committee. During the transition, I will provide legal advice (when requested) to the Committee (and/or the various sub-committees) on environmental, public utility, and administrative law issues.
Are you ready for SRRA? Find out what’s new in SRRA and how this new law will change site cleanups in New Jersey. On May 7, 2009, Governor Jon Corzine signed the Site Remediation Reform Act, N.J.S.A. 58:10C-1 et seq. (“SRRA”) into law. The Governor also signed Executive Order #140, implementing the new law. SRRA establishes a whole new regulatory scheme for site remediation. The NJDEP Site Remediation website, /www.state.nj.us/dep/srp/srra/ is an excellent resource for understanding this new program. The below excerpt from the NJDEP website provides a summary of the major changes to the state’s site remediation program: “Under SRRA, NJDEP approval is no longer required prior to proceeding with remediation. Implementation of SRRA will therefore result in contaminated sites being cleaned up more quickly, thus providing a greater measure of environmental protection to the citizens of New Jersey and ensuring that development of underutilized properties are returned to[…]Continue Reading…
Gov.-Elect Chris Christie has launched a Transition website. For information regarding the Transition, visit: /www.nj.gov/transition2010
