By James S. Diskint | Published July 6, 2016 | Posted in Climate Change, Environmental & Natural Resources | Leave a comment
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James S. Diskint
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Unprecedented Climate Change Case Proceeds in Court
A federal magistrate judge in Eugene, Oregon recently allowed an unprecedented climate change case to proceed in court. Bill McKibben and Naomi Klein call it the “most important lawsuit on the planet right now.” In Kelsey Cascade Rose Juliana; et al. v. the United States of America; et al., Docket No.6:15-cv-1517-TC (D. Or. Apr. 8, Read More
Read MoreNew York Court of Appeals Considers Navigability of Adirondack Waterway
In Friends of Thayer Lake LLC v. Brown, 2016 NY Slip Op 03647, the issue recently in front of the Court of Appeals of New York was whether a certain Adirondack waterway is navigable-in-fact, a question that determines whether the public has access to the waterway. Plaintiffs own land in a remote area of the Read More
Read MoreThe Dune Abides
In State of New Jersey, Department of Environmental Protection v. City of Margate, Docket No. ATL-L-2295-15 (Law Div.), the Atlantic County Superior Court ruled, among other things, that the municipal defendant (“Margate”) made a sufficient showing of arbitrariness to warrant a hearing on the issue of whether the condemnation action brought by the plaintiff, the Read More
Read MoreCourts Prevent the New Jersey Spill Act from Leaking
In Morristown Assoc. v. Grant Oil Co., Docket No. A-0313-11T3 (App. Div. Nov. 17, 2015), the Appellate Division returned to a matter concerning the New Jersey Spill Compensation and Control Act (“Spill Act”). Morristown Associates, the plaintiff, sought contribution from potentially responsible parties (“PRPs”) for costs associated with the cleanup and removal of fuel oil Read More
Read MoreNew Jersey Makes a Splash by Winning Two Tidelands Cases
New Jersey Makes a Splash by Winning Two Tidelands Cases In Lisowski v. Borough of Avalon (2015), the Superior Court of New Jersey considered two consolidated appeals, Lisowski v. Borough of Avalon and State of New Jersey, Department of Environmental Protection v. Township of Delanco, each challenging the timeliness of the State of New Jersey’s Read More
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