ECRA: New Jersey's Cleanup Statute
Editors' Summary: New Jersey's Environmental Cleanup Responsibility Act (ECRA) is probably the leading state effort to address hazardous waste cleanup without direct expenditure of government funds. ECRA attempts to harness the business incentives involved in the sale or transfer of real property to clean the property as it changes hands. This Dialogue outlines ECRA's provisions and analyzes its implementation by the New Jersey Department of Environmental Protection. The author, an experienced ECRA practitioner in the New Jersey private bar, praises ECRA's goals but offers specific criticisms about both its statutory structure and its regulatory implementation. The Dialogue compares ECRA to other states' statutes apparently patterned at least in part on the New Jersey experience, and reviews proposed ECRA reforms in New Jersey.