As we pass the fifth anniversary of the Site Remediation Reform Act (SRRA), environmental professionals and members of the regulated community are assessing SRRA’s cornerstone—the Licensed Site Remediation Professional (LSRP) program.
While generally considered a success, the program has flaws, some of which are significant. Recent statements from New Jersey Department of Environmental Protection (NJDEP) officials indicate that the department is currently evaluating possible amendments to SRRA that seek to improve the LSRP program. One area ripe for evaluation is the LSRP program’s lack of transparency and the resulting impact on the “innocent purchaser” defense, which is available under both the federal Comprehensive Environmental Response, Compensation and Liability Act (CERLCA) and New Jersey’s Spill Compensation and Control Act (the Spill Act).
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