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Monthly Archives: February 2012
NJ Community Association Liability for Maintenance of Public Sidewalks
Feb 6th
Community Associations are often concerned about the extent of their liability for the maintenance of public rights of way located within their boundaries. The New Jersey Supreme Court recently shed light on this issue in the case of Luchjeko v. Hoboken, where the Court held that condominium associations are not liable to pedestrians injured as… Read More »
Future of Federal Climate Change Law Remains Uncertain
Feb 6th
In American Electric Power v. Connecticut, 131 S. Ct. 2527 (2011), the United States Supreme Court rendered its first decision on climate change since the Court’s landmark decision in Massachusetts v. EPA, 549 U.S. 497, 127 S. Ct. 1438 (2007). In Massachusetts, the Supreme Court held that the Clean Air Act, 42 U.S.C. § 7401… Read More »
Recent Decision by the U.S. Supreme Court Concerning Clean Water Act (Wetlands) Enforcement
Feb 6th
Earlier in January, the U.S. Supreme Court heard oral argument in Sacket v. EPA, a Clean Water Act (“CWA”) enforcement case that concerns whether CWA administrative orders are subject to pre-enforcement judicial review. In the Sacket case, the property owners planned to build a home on a one-half acre parcel of land in Idaho. After… Read More »
EPA Report Suggests “Fracking” May Cause Groundwater Contamination
Feb 6th
The issue of hydraulic fracturing (or “fracking”) has been hot topic of late, in no small part because of the search for cheaper, more reliable sources of domestic energy. Fracking refers to the process by which pressurized water or fluids are injected into a geologic formation in order to create fractures in the rock that… Read More »
RCRA Remains a Viable Cause of Action to Pursue Cleanup of Contaminated Sites in New Jersey
Feb 6th
A recent decision from the Third Circuit further confirms that state remediation standards, while instructive, are not dispositive of a claim under the federal Resource Conservation and Recovery Act (“RCRA”). Raritan Baykeeper v. NL Industries, Inc., No. 10-2591, 2011 U.S. App. LEXIS 20021 (Oct. 3, 2011), is at least the third decision in our jurisdiction… Read More »
New Jersey’s LSRP Program Is Up and Running
Feb 6th
Under recent changes to New Jersey’ s environmental statutes concerning environmental cleanups, remediation of most contaminated properties in New Jersey will no longer be supervised by the New Jersey Department of Environmental Protection (“NJDEP”). Instead, licensed professionals known as Licensed Site Remediation Professionals, or LSRPs, will have the responsibility of reviewing and approving environmental cleanups… Read More »
