Tag Archives: contamination

Drytech, NFAs, and ISRA Triggers: The ultimate clingy relationship

Have you ever wanted to escape a clingy and annoying relationship? In terms of environmental compliance, triggering New Jersey’s Industrial Site Recovery Act (ISRA) can evoke the same feelings of frustration.  N.J.S.A. 13:1K (­­­­1993). The recent Drytech, Inc. v. State of New Jersey, in particular, highlighted the pesky and recurrent nature of ISRA. ISRA applies … Continue Reading

Taking Another Look at Environmental Indemnity

From Grant E. Nichols of GT Philadelphia: For at least the past 30 years, parties involved in the purchase or sale of properties that contain environmental exposure have had to negotiate environmental indemnity agreements, either to protect assets, transfer liability, or to simply get a deal across the finish line.  However, as more properties have … Continue Reading

Further Thoughts on Valuing Contaminated Property

Some time ago, I offered some observations about how to value the diminution in property value caused by contamination.  I examined in particular the case of a property where someone other than the landowner had the obligation to clean up.  All of this was motivated by the Pennsylvania Commonwealth Court’ decision in Harley-Davidson’s long-running property tax appeal. … Continue Reading
LexBlog