By Michael C. Kondrla | Published August 13, 2018 | Posted in Appeals, Environmental Issues, Land Use, Planning, Zoning | Comments Off on NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval
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NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval
NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval On August 2, 2018, New Jersey’s Supreme Court held that a holder of a municipal tax lien may have standing to challenge a local planning board’s approval for a neighboring property. The syllabus and opinion for this case, Cherokee LCP Land, LLC v. Read More
Read MoreNJDEP Updates Soil Remediation Standards for 19 Contaminants
Effective September 18, 2017, new soil remediation standards govern the cleanup of contaminated sites in New Jersey. The New Jersey Department of Environmental Protection (“NJDEP”) recently updated remedial standards for nineteen contaminants based on the United States Environmental Protection Agency’s revisions to carcinogenic slope factor and non-carcinogenic reference dose data in its Integrated Risk Information Read More
Read MoreFurther Action Required Despite Issue of No Further Action Letters
Further Action Required Despite Issue of No Further Action Letters In Drytech, Inc. v. State of New Jersey, the plaintiff manufacturer of desiccants appealed a Chancery Division order dismissing its complaint against the New Jersey Department of Environmental Protection (“NJDEP”), in which it sought a declaration that it did not have to comply with the Read More
Read MoreNJ Federal Court Provides Hope to Insureds Unable to Locate Historic Liability Policies and Coverage
In E.M. Sergeant Pulp & Chemical Co., Inc. v. Travelers Indemnity Co., Inc., plaintiff policyholder sought coverage and defense costs for environmental pollution claims under policies allegedly issued by defendant insurer. Civ. No. 12-1741, 2015 WL 9413094 (D.N.J. Jan. 17, 2017). Plaintiff, a distributor of heavy industrial inorganic chemicals and raw materials, owned property in Read More
Read MoreLaches to defeat a private party contribution claim under the Spill Act?
In 2015, the New Jersey Supreme Court ruled that private party contribution claims under the New Jersey Spill Compensation and Control Act (the “Spill Act”) are not time barred by a statute of limitations. See Morristown Associates v. Grant Oil Co., 220 N.J. 360 (2015). Accordingly, private claims for contribution pursuant to the Spill Act Read More
Read MoreWhen Remediation Goes Wrong: Appellate Division Says Remedial Efforts May Constitute Evidence Spoliation
In 18-01 Pollitt Drive, LLC v. Engel, the Appellate Division held that the discard of piping, a sump pit, and concrete flooring during remediation constitutes spoliation of material, physical evidence. Docket No. A-4833-13T3 (App. Div. Oct. 31, 2016). Spoliation of evidence occurs when a litigant has “hidden, destroyed, or lost relevant evidence and thereby impaired Read More
Read MoreNew EPA Rule Increases Civil Monetary Penalties in the Name of Inflation
Civil penalties, including those levied by the United States Environmental Protection Agency (“EPA”) under statutes such as the Clean Air Act (“CAA”) and Resource Conservation and Recovery Act, dramatically increased on August 1, 2016. Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the “Inflation Improvement Act”), federal agencies are required 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
Read MoreEPA Announces National Enforcement Initiatives, effective October 1, 2016
On February 18, 2016, the United States Environmental Protection Agency (EPA) announced its National Enforcement Initiatives for the 2017 to 2019 fiscal years. Effective October 1, 2016, EPA will keep four current National Enforcement Initiatives, add two new initiatives, and expand on one during the next three years. Therein, EPA also announced the ending of Read More
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