By Stuart Lieberman | Published March 21, 2023 | Posted in New Jersey Environmental Laws | Tagged Tags: DEP settlement enforcement, ISRA cleanup, ISRA settlement, NJDEP settlement, Property owner and operator responsibility under ISRA, Settlement and declaratory Judgment lawsuit, What triggers ISRA | Comments Off on Appeals court upholds Industrial park requirements to undertake environmental cleanup but rejects DEP’s demands for penalties
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New Jersey Environmental Laws
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⟩ Appeals court upholds Industrial park requirements to undertake environmental cleanup but rejects DEP’s demands for penalties
A New Jersey appeals court has affirmed the decision of a New Jersey trial court requiring an industrial establishment to conduct a full environmental remediation at its property. This occurred in the case of Dorine Industrial Park Partnership versus NJ DEP, at al, which was decided on March 6, 2023. At issue was a business Read More
Read MoreGovernor Murphy Announces Plan to Require 100% Clean Energy and All-Electric Cars by 2035
This week, Governor Murphy signed Executive Order No. 315, accelerating New Jersey’s goal of reaching 100% clean energy in the state by the year 2035. The State had previously declared a goal of reaching this target by the year 2050. The Governor also announced that it is initiating the process to adopt Advanced Clean Cars Read More
Read MoreLost Profit Claims for New Business Are Now Allowed in New Jersey
For decades new business owners have been precluded from alleging lost profit damages in New Jersey courts. The issue would arise when a lawsuit was filed and a new business owner would assert a claim for lost revenue due to someone else’s wrongdoing. Since a 1936 case entitled Weiss v. Building & Loan Associates our 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 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 MoreWarehouse Construction in NJ May Be Curtailed in Proposed Legislation
New Jersey State Senate subcommittees are currently considering a bill (S-3688) that aims to dramatically slow shipping and distribution warehouse construction across the State. Recently it seems that is the only thing that anyone has wanted to build in this state but some lawmakers believe that there may be such a thing as too many Read More
Read MoreMajor New York Recycling Company Accused of Stormwater violations
The Sierra Club has just filed a significant lawsuit against one of New York’s largest scrap companies — Ben Weitsman & Son and several allegedly relate companies. In this lawsuit, filed in federal court, the Sierra Club alleges that the Defendants improperly store and process scrap metal. The Plaintiff alleges the scrap metal is often Read More
Read MoreStormwater drainage in New Jersey causes increasing issues between neighbors across the state
New Jersey is the most densely populated state in the country. As development continues across the state, flooding disputes between residential neighbors are becoming increasingly common. Generally, a residential property owner is not responsible for the natural stormwater drainage pattern. This means that if your property sits at a lower elevation than your neighbor’s, your Read More
Read MoreChanges to Phase I Environmental Site Assessment standards may change federal environmental due diligence requirements.
At both the state and federal levels, purchasers of commercial property are required to perform certain environmental investigations in order to shield themselves from liability for contamination found after the purchase. This process is known as “environmental due diligence.” Under the federal Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as “CERCLA,” the industry Read More
Read MoreNew Jersey DEP takes a “green” approach to stormwater management
The New Jersey Department of Environmental Protection (DEP) is taking a green approach to managing stormwater runoff in 2021. According to a DEP Press Release, as of March 2, New Jersey’s stormwater regulations aim to make “green infrastructure” the “preferred and predominate method of managing stormwater.” As categorized by the DEP, “green infrastructure” refers to Read More
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