Speaker, New Jersey State Bar Association Annual Meeting & Convention, "Navigating Proposed Amendments to Requirements for the Remediation of Contaminated Sites and Development"

In October 2024, the NJDEP issued a proposed rule pitched as aligning the ARRCS, N.J.A.C. 7:26C, and the Technical Requirements, N.J.A.C. 7:26E, with the Aug. 23, 2019, statutory changes to the Site Remediation Reform Act (SRRA 2.0). Chief among those revisions were changes to the ARRCS requiring disclosure of discharges discovered during pre-closing due diligence by prospective purchasers of real property to both the property owner and NJDEP. Such disclosure obligation marks a distinct change in the handling of all appropriate inquiry driven diligence. The purpose of this panel is to not only review the challenges associated with such change – including but not limited to those concerns raised by the comments to the proposed rule – but to discuss strategies for helping clients adapt to this new paradigm.