A Silent Soil Scramble: NJDEP Sneaks in Some Substantial Changes to Soil Standards
On August 4, 2025, the New Jersey Department of Environmental Protection (NJDEP) published a Notice of Administrative Change updating certain soil standards to implement the new Ground Water Quality Standards that became effective earlier this year on February 3, 2025.
While the announcement unceremoniously characterizes these changes as merely administrative, these are actually new enforceable remediation standards that could, in some cases:
- significantly expand the scope of an ongoing remediation,
- materially affect an active property or corporate transaction,
- frustrate a financing or insurance underwriting, and/or
- present a real risk of reopening cleanups with remedial action permits.
There is a six-month grandfathering phase in period for cleanups that can complete their remedial action workplan or remedial action report by February 4, 2026.
The grandfathering, however, does not apply to the following five contaminants because NJDEP ratcheted down the standards by at least an order of magnitude (for example, vinyl chloride’s soil leachate standard went from 20 ug/L down to 0.70 ug/L): cobalt, cyanide, 1,3-dichlorobenzene, heptachlor epoxide, and vinyl chloride.
These changes raise important questions for anyone complying with a remedial action permit, conducting environmental diligence, negotiating a transaction, remediating a property, or in an underwriting process.
More details on the grandfathering available here, and the order of magnitude analysis available here.
As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication. No aspect of this advertisement has been approved by the highest court in any state.
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