By Noah Botwinick | Published January 24, 2023 | Posted in Environmental Litigation | Tagged Tags: Cleanup of pfas, How you you eliminate PFAS, Is PFAS harmful, PFAS Can PFAS hurt you, What is pfas Ilness associated with, Which companies created pfas | Comments Off on Court Affirms DEP Direct Oversight of Remediation Efforts of PFAS Polluting Plant
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Environmental Litigation
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⟩ Court Affirms DEP Direct Oversight of Remediation Efforts of PFAS Polluting Plant
This week, in In re Dep’t of Envtl. Prot. Direct Oversight Determination, No. A-0635-20, 2023 WL-125229 (App. Div. Jan. 9, 2023), New Jersey’s Appellate Division affirmed a Department of Environmental Protection (DEP) determination that a manufacturing plant was subject to direct oversight of its remediation of discharged hazardous substances. In 2019, the DEP issued Read More
Read MoreInsurance Providers Exempted from Providing Coverage Under Policy’s Pollution Exclusion
In an unpublished opinion about an insurance coverage dispute, the Superior Court of New Jersey’s Appellate Division held last week that prior owners of a polluted property who were sued by the current owners were properly denied coverage by their insurance providers because of a pollution exclusion contained in the prior owners’ comprehensive general liability Read More
Read MoreEnvironmental Citizen Suit Rosses Because Notice Was Not Sufficient
Under both state and federal law here in New Jersey, parties are entitled to file lawsuits against polluters using the environmental laws of the state. These cases are frequently called citizens suits, and in these cases private citizens act in the stead of the Attorney General and enforce state and federal laws usually enforced by Read More
Read MoreProposed Legislation for Larger Retailers to Use Smaller Boxes
John McKeon is proposing new legislation that would fine large online retailers and big box stores for shipping items in boxes that are more than twice the size of the product being shipped. If passed, the fine would range from $200 to $500 for each offense. The idea for his proposed legislation came when John Read More
Read MoreEnvironmental Insurance Dispute to be Heard in New Jersey courts
On December 30, 2021 the Appellate Division of the Superior Court decided Getty Prop. Corp. v. St. Paul Fire & Marine Ins. Co. Getty Properties Corp. (“Getty”) filed an appeal from the Superior Court’s dismissal of their complaint against Travelers, AIG, and Bedivere (“Insurance Companies”). Getty had polluted groundwater in New Jersey, Pennsylvania, and Maryland Read More
Read MoreDon’t Let a Leaking Heating Oil Tank Ruin Your Life
Every environmental lawyer deals with leaking heating oil homeowner tanks. They are very frightening to homeowners who have never experienced an environmental problem before. Leaking heating oil tanks can cost very little to address, sometimes just several thousand dollars. But we have also seen residential tank cleanups that have cost hundreds of thousands of dollars, Read More
Read MoreAppeals Court Allows Strict Liability Claims to Proceed Against Large New Jersey Refinery
For years many New Jersey lawyers understood that the mere storage of petroleum was not an abnormally dangerous activity. That is an important concept because those who engage in abnormally dangerous activities are strictly liable for harm coming from those activities, independent of fault. This is called strict liability and for decades oil companies have Read More
Read MoreEnvironmental Hearing Requests by Third Parties: An Update
In 2010 this author contributed an article discussing the difficulty that anyone other than an applicant had in administratively contesting a permit. Stuart J. Lieberman and Shari M. Blecher, “It’s No Party for Third Parties,” 200 N.J.L.J. 1, 1-2 (2010). Things have not improved. In two recent cases, the Appellate Division made clear that third Read More
Read MoreNJDEP new stormwater regulations are in effect
Developers in New Jersey must now meet the State’s new stormwater regulations. New Jersey has had numerous generations of stormwater regulations, some of which have had to be revised following court challenges. Stormwater regulation is the control of rainwater that cannot not be naturally absorbed as a result of new development or disturbances. Poor stormwater Read More
Read MoreNew Jersey families allege birth defects and severe illnesses due to major chemical companies’ discharges and emissions
Families in New Jersey have filed multiple lawsuits in the District Court of New Jersey alleging that their birth defects and/or illnesses are the result of chemical pollution. Four suits have been filed over the last year and others appear on the horizon. The named major corporate defendants include DuPont, Chemours Arkema, and 3M. The Read More
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