Has the NJ Department of Environmental Protection (DEP) gone too far in regulating the activities of owners and/or operators of industrial establishments?  The Appellate Division of the New Jersey Superior Court recently decided that it had.  See Des Champs Laboratories, Inc., v. Robert Martin, Docket No. A-3235-10T4 (N.J. Super.Ct. App. Div. July 6, 2012).

In that case, the court held that the NJ Department of Environmental Protection had no right to bar the sale of industrial properties that had de minimis quantities of hazardous substances.  Specifically, the court found that in barring such sales, the DEP violated the Site Remediation Reform Act of 2009 and the Industrial Site Recovery Act of 1993.

Comments/Questions: gdn@gdnlaw.com

2012 Nissenbaum Law Group, LLC

PLEASE NOTE Meetings with attorneys by appointment only in Union, NJ; New York, NY; Philadelphia, PA & Dallas, TX offices. Legal services generally performed from the Union, NJ office. The firm has attorneys licensed in New Jersey, New York, Pennsylvania, Texas and/or the District of Columbia. In limited circumstances, the firm may practice in other states under the prevailing multi-jurisdiction rules or through pro hac vice admission.


ATTORNEY ADVERTISING.  Any questions regarding this website should be directed to Gary D. Nissenbaum, Esq. (gdn@gdnlaw.com), who is responsible for the content of this website.

© 2018 Nissenbaum Law Group, LLC. All rights reserved.

Disclaimer | Privacy Policy | Site Map