By Brittany W. DeBord | Published February 27, 2024 | Posted in Uncategorized | Tagged Tags: adjudicatory hearing, industrial establishment, ISRA, ISRA compliance, NJDEP, procedural due process, Remediation, remediation under ISRA, RIP waiver | Comments Off on THE NJDEP’S UNILATERAL WITHDRAWAL OF A RIP WAIVER UNDER ISRA FOUND TO BE CONSTITUTIONAL; RECIPIENT NOT ENTITLED TO ADJUDICATORY HEARING
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⟩ THE NJDEP’S UNILATERAL WITHDRAWAL OF A RIP WAIVER UNDER ISRA FOUND TO BE CONSTITUTIONAL; RECIPIENT NOT ENTITLED TO ADJUDICATORY HEARING
On February 5, 2024, the Appellate Division issued is decision In Re Appeal Of The New Jersey Department Of Environmental Protection’s September 6, 2022 Denial Of Request For Adjudicatory Hearing Under N.J.A.C. 7:26c-9.10, Dated May 12, 2022, Concerning The Department’s April 20, 2022 Notice Of Remediation In Progress Waiver Rescission. The question at issue was Read More
Read MoreSupreme Court concludes that attorney review period is not a requirement of absolute auction contracts
On June 9, 2022, the New Jersey Supreme Court unanimously decided that attorney review period is not a required contractual provision for a residential real estate sale by absolute auction. In this case, John C. Sullivan v. Max Spann Real Estate & Auction Co. (A-57-20) (085225), Plaintiff John C. Sullivan was trustee to the Sylvester Read More
Read MoreMunicipal Clerk can Accept Electronic Signatures
On November 30, 2021, the Appellate Division further enforced and upheld a new staple of the Covid-19 world: electronic signatures. In Township Of Montclair Committee of Petitioners et al. v. Township Of Montclair, et al., Docket No. A-2315-20, the Court considered a municipal clerk’s decision regarding electronic signature verification. The Court concluded that the clerk Read More
Read MoreMost recent paraquat lawsuit filed by New Jersey resident against Syngenta, Chevron
For several years, Syngenta, the manufacturer of paraquat, an herbicide, has faced legal consequences due personal injury caused by this chemical, specifically Parkinson’s disease. Most recently, on March 25, 2021, Paul Rakoczy, a New Jersey resident, filed a lawsuit against Syngenta entities as well as Chevron USA Inc. for damages created by his Parkinson’s diagnoses, Read More
Read MoreAppellate Division allows claimant a new hearing to seek specific performance of a real estate contract, potential divestment of a third party buyer
The Appellate Division has recently overturned a Chancery Court decision denying a claimants Order to Show Cause (“OSC”) in Hudson County. This noteworthy decision, Siland v. Crandon, Docket No. A-3023-19 (decided March 19, 2021), touches on legal principles concerning specific performance of real estate agreements, bona fide purchasers and even due process rights. In short, Read More
Read MoreEPA announcing $6 million in environmental justice funding
The United States Environmental Protection Agency (EPA) has announced the availability of up to $6 million in funding this year through two environmental justice programs: Justice Collaborative Problem-Solving (EJCPS) Cooperative Agreement Program and the Environmental Justice Small Grants (EJSG) Program. The EJCPS program enables organizations to partner with other stakeholders such as local governments or Read More
Read MoreLead Exposure and Frivolous Litigation
Owners of older residential properties are likely familiar with the legal requirement to provide warnings concerning the existence of lead. Lead exposure, particularly amongst children, can result in severe, even fatal consequences to those exposed, as well as massive liability on the property owner. For this reason, lead paint was banned in 1978 and lead Read More
Read MoreNew Jersey Supreme Court rules the PLA does not preempt CFA claims by consumers
Now more than ever, consumer protection is important. As a result of the Covid-19 pandemic, we see new products on our shelves, promising safe disinfection for hands and surfaces as one example. However, what if the chemicals in that product were harmful? What if the product does not disinfect as advertised? The consequences could be Read More
Read MoreSupreme court holds that original manufacturers can be liable for asbestos exposure emanating from replacement parts
It is clear that a manufacturer of a product that contains asbestos can be held liable in New Jersey for asbestos related illnesses associated with the use of the asbestos containing product or associated with the manufacture’s failure to warn about potential harm. This essentially follows traditional theories of product liability when plaintiffs are injured Read More
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