In A Landmark Request, NJDEP Asks USEPA To Designate The Lower Hackensack River As A Superfund Site

In a recent decision with major liability implications for industrial companies with current or former operations in New Jersey, the New Jersey Department of Environmental Protection (NJDEP) asked the U.S. Environmental Protection Agency (USEPA) to designate the Lower Hackensack River as a Superfund site. NJDEP's request is historic - this would be the first time that a New Jersey river itself would be proposed for Superfund listing under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Moreover, NJDEP's request places potentially responsible parties (PRPs) on notice that NJDEP will aggressively pursue the remediation of the New Jersey waterway, which could ultimately drag in hundreds - or thousands - of companies with legacy industrial or commercial operations in the area.