By Jordan Asch | Published August 23, 2016 | Posted in Environmental Cleanup Cost Recovery, Litigation | Leave a comment
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Monthly Archive
August 2016
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Appellate Division Sheds Light on Procedural Requirements for Certain Environmental Claims
A recent Appellate Division case shed some light on certain procedural requirements for environmental claims. In Bradley v. Kovelesky, et al., Docket No.: A-0423-14T4, the claims before the court pertained to an 8.3 acre property in Middletown Township. Lawrence Carton, deceased June 2007, purchased the property January 2006. Carton set out to build a residence Read More
Read MoreThe Path(way) to Reinvestigation: MassDEP Revisits Closed TCE Sites
The Massachusetts Department of Environmental Protection (“MassDEP”) recently proposed to reopen closed waste sites based on available data that suggests levels of trichloroethylene (“TCE”) may exceed current United States Environmental Protection Agency (“EPA”) toxicity values. While the New Jersey Department of Environmental Protection (“NJDEP”) has not yet proposed a similar endeavor, it is worth following Read More
Read MoreU.S. Supreme Court Affirms Army Corps Jurisdictional Determinations as Judicially Reviewable Final Agency Actions
On May 31, 2016, the United States Supreme Court unanimously held in United States Army Corps of Engineers v. Hawkes Co., Inc. that an Army Corps of Engineers jurisdictional determination (“JD”) is a judicially reviewable final agency action under the Administrative Procedure Act (the “APA”). No. 15-290, slip op., 578 U.S. ___ (May 31, 2016). Read More
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