Wednesday, June 5, 2013

Cleanup site owner: Does your LSRP have your back?

In an article in the March 4, 2013 edition of the New Jersey Law Journal, attorneys
Jeffrey M. Casaletto and Edward A. Hogan caution that New Jersey's revised site remediation program, which utilizes the Licensed Site Remediation Professional (LSRP), changes the dynamic of how the interest of a person or company responsible for a site cleanup is represented.

"The design of the old site remediation program required that the attorney and the environmental consultant coordinate and cooperate to best advocate the client’s interests. Rarely was there a clear distinction between these players as to which was applying case law, technical rules and regulations, statutes and guidance documents to advance the client’s site remediation plan. This blurred line was never an issue since these players were working on the same team to achieve the same goals.

"Enter SRRA [the Site Remediation Reform Act], which replaced and redefined the players and their roles in performing site remediation by creating the LSRP. At first glance, the LSRP role might not appear to be any different from the role of the environmental consultant in the old site remediation program. Upon closer examination, however, nothing could be further from the truth. The LSRP is not an advocate of or for the client’s interest."

The full article is available, with permission, at: The New Dynamic of Site Remediation in N.J.

Casaletto and Hogan are members of the environmental law group at Norris, McLaughlin & Marcus, Bridgewater, NJ.

Related environmental articles:
New Jersey's LSRP Program: Challenges, Lessons Learned
New Jersey's LSRP Program is on the Road to Success
Wetlands Associated With Site Remediation

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