Wednesday, November 30, 2011

NJ court orders hearing on 'no further action' decision

This post may interest businesses and property owners affected by New Jersey's contaminated site cleanup rules and be of particular value for attorneys and consultants who make a living interpreting and executing those directives.

The Cole Schotz law firm's Environmental and Energy Department reports today on a NJ Appellate Division ruling that a property owner is entitled to have an administrative hearing regarding the rescission of a no further action letter (“NFA Letter”) by the state Department of Environmental Protection.

In this case, a subsidiary of Hartz Mountain Industries, a former landlord of an industrial tenant named Crompton Colors, Inc., appealed DEP’s rescission of an NFA Letter issued in 2002 and the denial of its request for a hearing to contest the decision.

You'll find attorney Douglas I. Eilender's full report here.

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