In re Railroad Realty Associates

The opinion of the court was delivered by

KIMMELMAN, J.A.D.

Appellant First Indemnity of America Insurance Company, as surety for Railroad Realty Associates, a bankrupt company, appeals from a final agency decision of the State of New Jersey, Department of Environmental Protection (DEP), which denied appellant’s request to rescind two negative declaration approvals issued under the New Jersey Environmental Cleanup Responsibility Act (ECRA), now known as the Industrial Site Recovery Act (ISRA), N.J.S.A. 13:lK-6 to -33.

ISRA requires owners and operators of industrial establishments to demonstrate…