Friday, January 14, 2011

NRD ruling in NJ underscores need to 'get it in writing'

If you are told by the New Jersey Department of Environmental Protection (NJDEP) that
the agency does not plan to pursue you or your company for Natural Resource Damages
(or any other penalty for that matter), you'd better get it in writing.

That's the lesson learned from a recent federal court decision involving FMC Corp., a company that got caught in the middle of a policy change at the state environmental regulatory agency.

The cautionary tale is told by Gerard M. Giordano, special counsel to the Cole Schotz law firm, in an article published yesterday. You can read it in its entirety at:

Court Holds That NJDEP's Informal Determination Not to Pursue PRP for Natural Resources Damages Cannot Later Be Reversed

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