By Carolyn Griffin | Published January 27, 2021 | Posted in Drinking Water | Tagged Tags: PFAS, PFOA, polluted drinking water, water contamination | Comments Off on New Jersey sues federal government over drinking water contamination allegedly caused by military base operations
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New Jersey sues federal government over drinking water contamination allegedly caused by military base operations
On January 14, 2021, the New Jersey Department of Environmental Protection (“NJDEP”) brought suit against the federal government under the federal Safe Drinking Water Act (42 U.S.C. §§ 300f et seq.) and New Jersey’s Safe Drinking Water Act (N.J.S.A. §§ 58:12A-1 et seq.). The complaint alleges that contamination stemming from the use of aqueous film-forming Read More
Read MoreUnderground storage tank leaks may lead to development delays and costly clean-ups
Earlier this month, multiple sources reported an oil leak at a redevelopment site in Haddonfield, New Jersey. According to the Borough of Haddonfield’s press release dated January 6, 2021, the New Jersey Department of Environmental Protection (“NJDEP”) conducted a site visit to a property that is currently in the process of redevelopment. The NJDEP informed Read More
Read MoreNew Jersey Court of Appeals rules in favor of DEP’s ability to create public beach access over private property
In an April 2020 decision of a matter comprised of 63 consolidated cases, the New Jersey Court of Appeals affirmed that the New Jersey Department of Environmental Protection (“NJDEP”) has a right to conduct a regulatory taking of individuals’ private property for certain federally funded projects. State v. 1 Howe St. Bay Head, LLC, 463 Read More
Read MoreChanges to expect in environmental regulation with the incoming administration
President-elect Joe Biden ran on a platform that highlighted climate change and environmental regulation as national priorities. His plans state the intention to take the necessary steps to decrease our country’s emissions and in doing so prosecute anti-pollution cases more often and more severely. The team of environmental nominees he has assembled so far seems Read More
Read MoreNJDEP files Additional Natural Resource Damages claims
The State DEP continues to pursue natural resource damages (called NRD) claims. These are lawsuits where the relief sought is not just a cleanup, which is normally the relief sought by DEP. Rather in NRD cases, the relief sought includes compensation for injury to or loss of a particular natural resource. This might relate to Read More
Read MoreLandlords: Insurance companies now are denying many Mold Claims
Landlords and other property owners have so much on their plates. They need to worry about increasing utility costs. Taxes are always rising. So are maintenance and repair costs. Then there are the flooding concerns. With global warming many properties will be impacted over the next several decades. And commercial property owners have to worry 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 MoreNotices and Appellate Review of a CAFRA Permit
In JSTAR, LLC v. New Jersey Department of Environmental Protection, et al., Docket No. A-1745-18T1, the Appellate Division in an unpublished decision revisited the issues of notice and a review of an agency decision, as it relates to the approval of an individual Coastal Area Facility Review Act (“CAFRA”) Permit. JSTAR, LLC (“JSTAR”) was an Read More
Read MoreShould the Association Pool be Reopened During COVID-19?
As the State of New Jersey slowly recovers from COVID-19, Governor Murphy has begun to reopen the state and relax restrictions on businesses and activities. Under Executive Order 153, outdoor swimming pools are allowed to reopen effective June 22, 2020. However, pools that are reopening during this time must comply with standards and policies issued Read More
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