Category Archives: New Jersey Department of Environmental Protection

Did the NJ Department of Environmental Protection´┐Żs Refusal to Recognize a De Minimis Quantity Exemption in the Sale or Transfer of Real Estate Overstep its Statutory Authority?

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.


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