Court Invalidates DEP Limit on Landowner Chemical Exemption

July 16, 2012 – In The News
New Jersey Law Journal
A New Jersey state appeals court recently invalidated the Department of Environmental Protection (DEP) regulations that bar sales of industrial properties with trace amounts of hazardous substances. The July 6 ruling said that the DEP had exceeded its statutory authority by eliminating an exemption for de minimis contamination.

David Restaino, a partner and member of the firm’s Environmental practice, recently spoke with the New Jersey Law Journal about this decision.

“It’s always a big deal when the DEP’s regulations get overturned as being beyond their authority,” Restaino said. He added that the exemption was intended to “achieve a balance” for owners who were not major users of the chemicals.