State must share records to protect buyers and facilitate environmentally responsible economic development during COVID-19

AS SEEN IN THE NEW JERSEY LAW JOURNAL

By Kenneth M. Morgan and Melissa A. Morgan

When Governor Phil Murphy declared a State of Emergency and Public Health Emergency on March 9, a number of state offices shuttered that New Jerseyans rely on to conduct essential oversight and share information with the public. Among these was the New Jersey Department of Environmental Protection (NJDEP) and, notably, the department’s Office of Record Access (ORA), which buyers in commercial real estate transactions need to access in order to make informed decisions about a property’s environmental health and history.

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