NJDEP Reproposes All Appropriate Inquiry (AAI) Due Diligence Discharge Reporting Rule: Key Implications

On November 17, 2025, the New Jersey Department of Environmental Protection (NJDEP) changed its previously proposed rule which would have required persons conducting All Appropriate Inquiry (AAI)(due diligence) at real properties to report any discharge of contamination discovered during the due diligence to NJDEP and the record owner of the property. NJDEP has now changed its proposed rule to require that discovered discharges of contamination be reported only to the record owners of the real property. NJDEP's reproposed rule, however, introduces a new legal requirement for persons conducting due diligence at properties in New Jersey, and will significantly affect how real estate transactions and the management of environmental contamination at those properties are handled.