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David J. Miller
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Court Orders Production of Documents to Open Government Activist

Open Government Activist Seeks New Jersey Government Records In another action brought by John Paff, a “self-proclaimed open government activist” who has pursued litigation to secure government documents pursuant to the Open Public Record Acts (“OPRA”) in several instances, a Superior Court judge held that Paff was entitled to the documents he sought as well Read More

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Appellate Division Limits Scope of Waiver Provision in Gym Membership

The New Jersey Appellate Division recently held that an exculpatory clause within a fitness club’s membership agreement does not operate to absolve the club of all liability for personal injury on its premises. The case, Walters v. YMCA, 2014 N.J. Super. LEXIS 117 (App. Div. Aug. 11, 2014), was brought by a member of the Read More

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Recent N.J. Court Decisions Examine the Applicability of OPRA

In two recent New Jersey court opinions, important questions as to the scope and application of the New Jersey Open Public Record Act (“OPRA”) were decided. The first, Kennedy v. Montclair Center Corporation Business Improvement District, 2014 N.J. Super. Unpub. LEXIS 1654 (App. Div. Jun. 24, 2014), clarifies that OPRA applies to corporations formed to Read More

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U.S. District Court Allows NJ Superfund Site Suit to Proceed

Earlier this month, U.S. District Court Judge Michael Shipp ruled that lead smelting company NL Industries (formerly National Lead) may maintain an action against over two dozen defendants for contribution relating to the clean-up of the Raritan Bay Slag Superfund site. The site in question includes the Laurence Harbor seawall adjacent to Waterfront Park in Read More

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Appellate Division Upholds NJDEP’s Decision Rejecting Sewerage Authority’s Phosphorus Limitation Plans

The New Jersey Appellate Division recently held that the Commissioner of the New Jersey Department of Environmental Protection (NJDEP) properly rejected the findings of an administrative law judge (ALJ) which would have allowed several northern New Jersey sewerage authorities to implement “as needed” treatment programs to limit the phosphorus content of water discharged into state Read More

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New Jersey Appeals Court Finds Christie Administration Illegally Repealed RGGI-Related Climate Regulations

The New Jersey Appellate Division recently held that the state was not permitted to repeal administrative regulations without going through the formal rule making processes of the Administrative Procedures Act (APA), even if the subject regulations are tied to a regional cooperative effort in which the state is no longer participating. In the case, captioned Read More

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D.N.J.: CERCLA Cleanup Costs Not Subject to the Automatic Stay Provision of the US Bankruptcy Code

Following a previous Third Circuit decision, the United States District Court for the District of New Jersey recently confirmed that corporations cannot stay in personam claims for environmental cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA,” also known as “Superfund”) by declaring bankruptcy. In U.S. v. Alsol Corp., 2014 U.S. Dist. Read More

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EPA May Add Contaminated New Jersey & New York Sites to Superfund List

On December 11, 2013, the United States Environmental Protection Agency (EPA) added nine contaminated sites to the National Priorities List (NPL) and proposed that an additional eight sites also be added, including sites in New Jersey and New York.  The NPL is a list of contaminated sites throughout the United States managed by the EPA Read More

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Appellate Division Holds Spill Act and ERA Actions May Be Referred to NJDEP Until Site Clean Up Completed

The New Jersey Appellate Division recently held that an action brought under the New Jersey Environmental Rights Act (ERA) to enforce the Spill Compensation and Control Act (Spill Act) may properly be referred to the Department of Environmental Protection (DEP) until the site clean-up is complete. In Meyer v. Constantinou, the owner of a former Read More

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Recent Blog Posts

Recent Appellate decision emphasizes the consequences of failing to perform due diligence

In December 2020, the NJ Appellate Division published a decision emphasizing the importance for purchasers of property use their “due diligence” period to learn as much as possible about the
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Recent Appellate decision emphasizes the consequences of failing to perform due diligence

New Jersey has ambitious goals for emission reductions

New Jersey’s Global Warming Response Act (“GWRA”) calls for New Jersey to decrease its greenhouse gas emissions by 80% from their 2006 levels by 2050. In January 2020, Governor Murphy
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New Jersey has ambitious goals for emission reductions

San Diego Receives Federal Funding to Fight Mexican Sewage

San Diego has just received substantial federal funding from the EPA to address a chronic problem: raw sewage coming from Tijuana Mexico. That sewage has been migrating over the border
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San Diego Receives Federal Funding to Fight Mexican Sewage

New Jersey Supreme Court rules for NJ Transit in insurance claim for damages due to Superstorm Sandy

A New Jersey Supreme Court opinion issued on January 27, 2021 affirmed an Appellate Division decision in favor of NJ Transit over its insurers. In 2012, when Superstorm Sandy hit
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New Jersey Supreme Court rules for NJ Transit in insurance claim for damages due to Superstorm Sandy

In the media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

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