By Shawn LaTourette | Published January 27, 2014 | Posted in Class Actions, Environmental Issues, New Jersey Department of Environmental Protection (NJDEP), Toxic Tort & Injury Claims | Tagged Tags: 4.0 pCi/L, Environmental Litigation, picoCuries, Radioactive Gas, Radioactivity, Radon, Radon Gas, Radon Test | Leave a comment
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Environmental Litigation
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January is Radon Awareness & Action Month
Radon is a colorless and odorless gas. Radon is naturally occurring. It comes from the radioactive breakdown of uranium in soil, rock and water and enters both the outdoor and indoor air. Radon is found all over the United States, including in New Jersey, New York and Pennsylvania. Radon can be measured through testing. Radon Read More
Read MoreLieberman & Blecher Paves the Way with 1st Victory for the City of Vineland!
Lieberman Blecher & Sinkevich was hired as special environmental counsel by the City of Vineland concerning the former Pure Earth Recycling facility previously located within the City. Pure Earth was engaged in recycling activities that involved processing contaminated soils, waste oil, and other materials on the property. Pure Earth abruptly ceased operations in 2011 due Read More
Read MoreNew DEP Permit Rules will Simplify Sandy Recovery Efforts
The Christie Administration filed emergency rules to assist in the expedition of Superstorm Sandy-related recovery and rebuilding on March 17, 2013. These rules are meant to cut through unnecessary red tape that is delaying some aspects of New Jersey’s recovery from Sandy for both homes and businesses. The rules also contain portions that will expedite Read More
Read MoreNJDEP Can Conduct Warrantless Searches Under Freshwater Wetlands Protection Act
In 1987, the New Jersey Legislature passed the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1, et seq. (“FWPA”), to protect and regulate New Jersey’s vast sensitive freshwater wetlands. This law followed the Wetlands Act of 1970, N.J.S.A. 13:9A-1, et seq., which delineated and regulated New Jersey’s coastal wetlands. The FWPA established a permitting process which a Read More
Read MoreNJDEP "Waiver Rule" Upheld by Appellate Court
On March 21, 2013, an Appellate Division panel upheld the controversial “waiver rule” adopted by the New Jersey Department of Environmental Protection (NJDEP) last March. The rule has been promulgated at N.J.A.C. 7:1B-1.1, et seq. An outgrowth of Governor Chris Christie’s effort to reduce bureaucracy and encourage economic growth through application “common sense principles,” the Read More
Read MoreNJ Supreme Court Rules On Causation Required In Spill Act Claims
This week, the New Jersey Supreme Court issued a decision in New Jersey Department of Environmental Protection v. Dimant, where the high court was asked to consider the level of causation needed to find a party liable for environmental cleanup costs under the New Jersey Spill Compensation and Control Act. The “Spill Act,” a predecessor Read More
Read MoreNJ Appeals Court Invalidates ISRA Regulation Requiring “Contamination Free” Certifications For Certain Industrial Sites
On Friday, July 6, 2012, the New Jersey Appellate Division invalidated a New Jersey Department of Environmental Protection (“NJDEP”) regulation requiring owners or operators of industrial establishments seeking an ISRA de minimis quantity exemption to certify that the land at issue is “clean,” i.e., free from contamination above specified action levels. This decision, which may Read More
Read MoreRCRA Remains a Viable Cause of Action to Pursue Cleanup of Contaminated Sites in New Jersey
A recent decision from the Third Circuit further confirms that state remediation standards, while instructive, are not dispositive of a claim under the federal Resource Conservation and Recovery Act (“RCRA”). Raritan Baykeeper v. NL Industries, Inc., No. 10-2591, 2011 U.S. App. LEXIS 20021 (Oct. 3, 2011), is at least the third decision in our jurisdiction Read More
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