The recent escalation of broad-based U.S. import tariffs is introducing a fresh set of headwinds—and some unexpected opportunities—for commercial real estate (CRE) in the New York City tri-state region. While much of the focus has been on manufacturing and trade, the ripple effects (regardless of...
Occasionally, ESA encounters projects where Industrial Site Recovery Act (ISRA) triggers have been overlooked. A common assumption is that the current owner or operator must comply with a prior ISRA trigger. However, that is not always the case. The following guidance explains how to potentially...
Environmental compliance in New Jersey is now more rigorous for some of ESA's clients due to recent updates to NJDEP's Receptor Evaluation Form and process. As the expression goes, the devil is in the details. What is a Receptor Evaluation? In environmental remediation, a receptor evaluation is...
Over the past decade, Legionnaires’ disease has become a public health concern across the United States, with reported cases rising steadily. Legionella bacteria (Legionella pneumophila) cause a severe form of pneumonia. Legionella grows in water systems, particularly when water is warm, stagnant, or disinfectant levels...
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...
Environmental regulations are often negotiable. And because dealing with PCB compliance can be very expensive, it is important for your environmental consultant to be well-versed in the applicable regulations so they are able to advocate on your behalf. This article takes a look at a...
Environmental compliance in New Jersey may soon become more challenging, and here's why. In October 2024, the New Jersey Department of Environmental Protection (NJDEP) published proposed rule-making (Proposed Rule) to amend its site remediation program rules, including: NJAC 7:26B (Industrial Site Recovery Act) NJAC 7:26C (Administrative Requirements...
On February 3, 2025, the New Jersey Department of Environmental Protection (NJDEP) adopted significant updates to the state’s Groundwater Quality Standards (GWQS), reinforcing its commitment to protecting groundwater resources and public health. These revisions introduce stricter regulatory thresholds for a wide range of contaminants, requiring...
Access agreements are often part of a site investigation and/or site remediation. In New Jersey, when contamination migrates from the property of the Responsible Party (RP) onto a neighboring property, the RP is legally obligated to pursue the impacts to determine if further action is...
"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...