Landlords who lease to ISRA-subject tenants need do certain things to protect their properties and overall financial interests. Owning an industrial property in New Jersey comes with unique environmental compliance responsibilities. The New Jersey Department of Environmental Protection (NJDEP) enforces the Industrial Site Recovery Act...
"Forever Chemicals" as Regulated Substances By now, you've undoubtedly heard of per- and polyfluoroalkyl substances, commonly referred to as "PFAS" or "forever chemicals." Prior to April 2024, PFAS was considered a "federally unregulated emerging contaminant," making its impact on the due diligence process murky. However, following...
Throughout its 35 years in business, ESA has rescued many clients who have inherited complex and costly environmental liabilities resulting from inadequate due diligence. Often, these situations arise because the only criteria a client applies in hiring an environmental consultant to do the job is...
The following cautionary tale highlights the importance of conducting proper due diligence on residential properties prior to purchase. ESA was retained to conduct underground storage tank (UST) removal and New Jersey Department of Environmental Protection (NJDEP) closure of three USTs located at a residential property located...
Our topic of discussion this month centers on how the current economy and recent New Jersey regulatory changes may be affecting the timelines and costs of environmental compliance in New Jersey. The New Jersey Department of Environmental Protection (NJDEP) is one of the country’s most dynamic...
When buying real property, it is important to conduct a Phase I or Preliminary before the purchase in order to avoid potential costly environmental liability. In New Jersey, simply purchasing a property can enter you into the environmental liability chain, even if you were in...
Chris Venezia, ESA's Director of LSRP Services, explains the Innocent Purchaser Defense as it pertains to the environmental aspects of purchasing real property in New Jersey. https://www.youtube.com/watch?v=x3755H-rguE Typically, real property investments with the potential to yield the greatest return come with the greatest risk. And there are...
ESA commonly answers questions about Phase II scopes of work on a varying scale of complexity. Overall, the questions are aimed at the purpose of a Phase II, what to do if something is discovered, and how to manage the remediation approach in the transaction....
ASTM recently released their scheduled 8-year update to the Phase I Environmental Site Assessments (Phase 1 ESA) Standard under ASTM E1527-21. The following article, which ESA originally published in May of 2021, incorporates the relevant changes to the new standard and outlines its impact on...
At ESA, we encourage clients to ask questions and challenge us. It's part of a healthy dialogue and makes for a solid consultant/client relationship. Often, ESA will recommend a course of action that requires additional samples, new wells, etc. Meaning, of course, more money. Besides blind...