By Shawn LaTourette | Published October 8, 2014 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Litigation, Toxic Tort & Injury Claims, Underground Storage Tanks | Tagged Tags: contaminated property, diminished market value, diminished property value, gas station, Gasoline Spill, groundwater contamination, Leaking Tanks, lost use of property, Property Damage, reduced market value, stigma, USTs | 1 Comment
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Category Archive
Underground Storage Tanks
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Oil Company Not Liable to Neighbor for Leaking Underground Tanks
Oil Company Not Liable to Neighbor for Leaking Underground Tanks Gasoline Station Owner Not Liable for Damage to Neighbor Who Did Not Properly Allege Harm A property owner whose investment property was contaminated by a leaking gasoline station next door had his property damage case dismissed because he failed to completely allege all of his Read More
Read MoreNJ Supreme Court to Hear Argument in Environmental Spill Case on Oct. 6
NJ High Court to Decide if 6 Year Statute of Limitation Applies to Environmental Cleanup Cost Recovery Claim Under the Spill Act On October 6, 2014, the Supreme Court of New Jersey will be hearing oral argument in Morristown Assoc. v Grant Oil Co., 432 N.J.Super 287 (App. Div. 2013), a case involving the statute Read More
Read MoreHome Buyers, Beware of Environmental Due Diligence
In a recent article appearing in the New Jersey Law Journal, we address the growing obligation for purchasers of residential real estate to conduct reasonable environmental investigations prior to closing on a new home. Read the Article: Home Buyers Beware Our attorneys frequently assist homeowners, real estate professionals and trusts that invest in residential and commercial Read More
Read MoreUnderground Storage Tanks: What You Need to Know
As an environmental lawyer, leaking underground storage tanks (USTs) are not by any means a new phenomenon to me. But if you’re a homeowner, or potential homeowner, having issues with an UST, the odds are that it will be the first time that you’ve encountered them and you might be overwhelmed by what it entails. Read More
Read MoreFederal Grant for Remediation of Sandy-damaged UST’s Announced
Recently, the New Jersey Department of Environmental Protection (DEP) announced that it will administer a $2.3 million grant issued by the Environmental Protection Agency (EPA) in order to aid homeowners and operators of underground storage tank (UST) facilities remediate tanks that were damaged during Superstorm Sandy. The State will be contributing a 10% match of Read More
Read MoreCourt Does Not Buy The "It's My Consultant's Fault" Argument, Affirms Penalties Against PRP for Sampling Failures
In a recent environmental case decided by the New Jersey Appellate Division, the court upheld a $20,000 penalty assessment against a leading South Jersey fuel oil company for failing to engage in proper sampling after an underground storage tank containing gasoline was found to have leaked. The appeals court was not persuaded by the responsible parties’ “it’s my Read More
Read MoreResponding to Environmental Impacts and Contamination from Hurricane Sandy
In the aftermath of Hurricane Sandy, residents throughout New Jersey and New York have been experiencing impacts from discharges and releases of petroleum and hazardous substances into the environment. Heating oil leaks and other releases from above ground tanks have been prominent as a result of high winds, falling trees and damaged infrastructure. Flood waters Read More
Read MoreHomeowner Fails to Conduct Due Diligence; Found Liable for Environmental Cleanup
In a wake-up call for the residential property market, on September 28, 2012, the Appellate Division of the New Jersey Superior Court found that a residential property owner with a leaking underground storage tank that was “closed” before he purchased the property was liable for cleanup costs because he failed to conduct a due diligence Read More
Read MoreNJDEP's Handling of Unregulated Heating Oil Tanks after May 7, 2012
As everyone in the environmental community in New Jersey is now well-aware, the privatization of environmental clean-ups in New Jersey as required by the Site Remediation Reform Act (“SRRA”), which was signed into law by Governor Corzine on May 7, 2009, comes into full effect on May 7, 2012. As of May 7, 2012, all Read More
Read MoreMarch 2012 Newsletter: USTs, Landfills, Environmental Insurance and more
In this issue of the Lieberman Blecher & Sinkevich P.C. newsletter, our attorneys discuss the frequency of new underground storage tank release claims, the need for enviornmental insurance, and landfill-related litigation in South Jersey. Read it here.
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