When pesticides were used, is remediation required?


The New Jersey Department of Environmental Protection has formally clarified when
remediations are required for commercial and industrial properties on which pesticides
were used in the past. 


Gibbons attorney David A. Brooks writes in Real Property and Environmental Law Alert:

“The New Jersey Department of Environmental Protection has more formally confirmed the scope of the responsibility to address historic pesticide use on commercial and industrial properties: namely that a party need not remediate historic pesticide use unless there is a land use change to residences, schools, child care centers and playgrounds.

On June 20, 2014, the NJDEP published an additional notice for Response Action Outcomes, the written determination by a Licensed Site Remediation Professional that a remediation is complete, which specifically permits completion of a remediation without investigation of contamination from historic pesticide use. 

The notice would only apply to contamination from the application of such pesticides to, for example, a former orchard or farm, but not contamination from a discharge caused by the mixing, manufacturing or other handling of such chemicals. NJDEP approval is not required for an LSRP to use this notice.”



Read the entire Gibbons post here 


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Chris Christie walking a tight rope on climate change
Did New York sharpies outfox New Jersey on Sandy aid? 
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Chris Christie walking a tight rope on climate change

Does Gov. Chris Christie believe in climate change and its impact on New Jersey?

NJ Spotlight’s answer today is:
A) Yes B) No C) Maybe D) All of the above . . . depends on when and where you ask the question

Why, when asked if post-Sandy New Jersey’s done enough to address the issue of rising ocean levels linked to global warming, does Gov. Chris Christie suggest that the question is based on shaky science?
Why, when asked about his decision to pull New Jersey out of a regional initiative aimed at reducing greenhouse gases, did the governor reply condescendingly to a reporter who deigned to ask him about it?
Did someone say presidential ambitions? Did someone say Koch brothers?
Andrea Bernstein of WNYC, a partner of NJ Spotlight, takes a look at the tightrope walk balancing act that is Chris Christie’s stance on greenhouse gases, climate change, rising oceans, melting ice caps, rising temperatures — and how to appeal to the conservative wing of the GOP.

To hear and read Andrea’s report, click here

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Did New York sharpies outfox New Jersey on Sandy aid?
16 lawyers packing their bags at NJ’s Riker, Danzig
Environment and energy bills to get hearing in Trenton 

Chris Christie walking a tight rope on climate change Read More »

Did New York sharpies outfox New Jersey on Sandy aid?

Red-faced state officials are trying to understand and to explain why New Jersey has received less than half as much Sandy aid from HUD as New York State and City combined, even though the states’ original damage estimates suggested that New York was only slightly harder hit.


Did the policy wonks who honcho-ed New York State’s application for federal Sandy aide outfox the prosecutor-heavy Administration of NJ Gov. Chris Christie?



Did federal HUD Secretary Shaun Donovan — New York City’s former housing commissioner — show favoritism toward his native state?


Did damaged parts of New York State receive more aid because their electric company — the Long Island Power Authority (LIPA) — is publicly-run, while electric utilities in New Jersey are privatized?


A NJ Spotlight/WNYC investigation concludes that, rather than there being any one, single reason for the funding disparity, there were a variety of factors that “pretty much guaranteed from day one that New Jersey would get less support.”


Scott Gurian and Matthew Schuerman, reporters for the two news organizations, try to make sense of it all in Why did New Jersey get only half as much Sandy aid as New York?


You also can listen to an audio version of the story. 

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Did New York sharpies outfox New Jersey on Sandy aid? Read More »

16 lawyers packing their bags at NJ’s Riker, Danzig

The New Jersey Law Journal reports today that:

One of New Jersey’s bellwether firms, Riker, Danzig, Scherer, Hyland & Perretti of Morristown, is losing 16 lawyers to a new venture being formed by a cadre of defecting partners.

The new firm, to be known as Sherman, Wells, Sylvester & Stamelman, will open its doors July 14 at 210 Park Avenue in Florham Park.

The partners leading the foray are Sandra Sherman and Julian Wells, both members of Riker Danzig’s Executive Committee, along with Anthony Sylvester, Andrew Stamelman and Harold Atlas.

Also making the move are 11 associates and six staff members.

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The new firm focus in the areas of the areas of taxes, trusts and estates, and corporate and general litigation, says Sherman.


Glenn Clark, managing director of Riker Danzig, said the departure was “amicable” and that the lawyers who formed their own firm were open with colleagues about their plans.

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Environment and energy bills to get hearing in Trenton

There are nine pieces of legislation up for discussion today before the NJ State Environment and Energy Committee. Topics include Superfund sites, blue roofs, farm structures in wetland areas, energy generation from methane, and responsibility for operating and maintaining beaches. 

In addition, two biggies: Forest stewardship on state-owned property and dedicating a portion of annual Corporate Business
Tax revenues for open space funding.  

The committee is scheduled to begin at 11:30 a.m. in Room 10, Third Floor, State House Annex. You can listen to the meeting live by clicking here.

Here’s the lineup:

A-2303  DeAngelo, W.P. (D-14); Eustace, T.J. (D-38);
Gusciora, R. (D-15)
Requires certain State departments, divisions,
commissions, and authorities to consider use of green or blue roof in
construction of certain new State buildings, facilities, and structures.
Related Bill: S-1418
  
A-2340  Greenwald, L.D. (D-6); Spencer, L.G. (D-29);
Lagana, J.A. (D-38) 
Requires report and public hearing prior to DEP
recommendation of site for inclusion on Superfund list.
      
S-1418  Smith, B. (D-17); Bateman, C. (R-16)
Requires certain State departments, divisions,
commissions, and authorities to consider use of green or blue roof in
construction of certain new State buildings, facilities, and structures.
Related Bill: A-2303
    
S-2021  Sweeney, S.M. (D-3)
Exempts certain temporary farm structures from permit
and transition area requirements of “Freshwater Wetlands Protection
Act.”
Related Bill: A-3124
     
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S-2034  Smith, B. (D-17)

Establishes forest stewardship program for State-owned
lands.
Related Bill: A-1775
     
S-2076  Smith, B. (D-17)
Establishes Class I renewable energy certificate
multiplier program for certain energy production facilities fueled by methane.
     
S-2171  Smith, B. (D-17); Bateman, C. (R-16)
Permits fifth and sixth class counties to assume
control and responsibility for operation and maintenance of beaches bordering
Atlantic Ocean unless control and responsibility are reserved by a
municipality.
Related Bill: A-1596
      
S-2172  Smith, B. (D-17)
Clarifies liability for discharges of hazardous
substances from drilling platforms that enter NJ waters.

SCR-84  Smith, B. (D-17); Bateman, C. (R-16)
Amends Constitution to dedicate four percent of CBT
revenues to open space, farmland, and historic preservation, water programs,
public and private site remediation, and underground storage tank programs.  Related Bill: ACR-130
     Jun 5, 2014    – Reported as a Senate committee substitute
     Jun 5, 2014    – 2nd reading in Senate
     Jun 5, 2014    – Place on Senate Desk (20-day notice)
     Jun 5, 2014    – Placed on Assembly Desk (20-day notice)
     Jun 16, 2014   – Public hearing

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Two weeks of high-drama budgets ahead in PA and NJ

Pennsylvania state budget crisis


PA Capitol Building
“When legislators return to the Capitol on Monday, they will have just two weeks left to figure out two things: how to close a gaping budget deficit, and how to do it without damaging their reelection chances.
“With the clock ticking fast down to the June 30 deadline to pass a state budget, the GOP-controlled legislature and Gov. Corbett appear nowhere near reaching an agreement on the best way to close a budget gap ranging between $1.2 billion and $1.5 billion.”


That’s the two-sentence setup to Philadelphia Inquirer writer Angela Couloumbis‘ story today about the looming state budget deadline in Pennsylvania.

New Jersey state budget crisis

NJ Dome with puffy clouds in backgrouindThings are pretty much the same in neighboring New Jersey, where the Inquirer’s Maddie Hanna writes:


“New Jersey lawmakers have a little more than two weeks to devise a budget that fills a $1.7 billion revenue hole expected next year – while also confronting the possibility that a court could scuttle a plan to plug a $1 billion shortfall in the fiscal year that ends June 30.

“Their deliberations may hinge on a hearing five days before the budget deadline, when a state judge will hear a challenge by public-sector unions to Gov. Christie’s proposal to address shortfalls this year and next by slashing payments to the pension system.”
Rescuing the damsel

It’s serious business for sure, but the ‘rescue the damsel from the oncoming train’ theme is replayed with such predictability each year that one suspects that state lawmakers share more than a passing appreciation for melodrama and the news coverage it generates.
Over the next 15 days you can expect charges and counter charges across the political aisle, rumors of off-stage intrigue, proposals run up flagpoles and shot to tatters, cries of villainy and then, suddenly, as the constitutionally mandated date for budget adoption arrives, the cannons will fall silent, the smoke will clear and, ta-da, an agreement appears, followed by the bill signing, some laughs, and the thunder of hoof steps down marble hallways as lawmakers book it out of town for summer vacation.
Until then, two weeks of politics at its dramatic best. Enjoy 


Related news stories:
Pa. legislators face tough budget decisions 
N.J. budget woes going down to the wire   
Christie Proposes Reducing Pension Payment to Balance Budget (Video) 
Analysis: Despite budget gap, Christie holding firm that business tax cuts are off-limits 
Deadline looms for Pennsylvania’s state budget
Pa. state budget: Many ideas, but little consensus

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Two weeks of high-drama budgets ahead in PA and NJ Read More »