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

By | Published November 10, 2014 | Posted in Litigation | Tagged Tags: , , , , , , , , , | Leave a comment

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

By | Published September 4, 2014 | Posted in Appeals, Litigation | Tagged Tags: , , , | Leave a comment

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

By | Published August 21, 2014 | Posted in Litigation | Tagged Tags: , , , , , | Leave a comment

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

By | Published July 22, 2014 | Posted in Environmental Cleanup Cost Recovery, Environmental Litigation | Tagged Tags: , , | Leave a comment

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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Law Division Rules that “Metadata” Subject to OPRA Requests

By | Published June 18, 2014 | Posted in Litigation | Tagged Tags: , , | Leave a comment

A New Jersey Law Division judge recently held that public entities are required to turn over “metadata” related to internal e-mail communications when that information is sought via an Open Public Records Act (OPRA) request. In Paff v. Galloway Township, docket no. ATL-L-5428-13, the plaintiff, Paff, filed an OPRA request pursuant to N.J.S.A. 47:1A-1, et Read More

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

By | Published May 23, 2014 | Posted in Administrative Law, Environmental & Natural Resources, Environmental Issues, New Jersey Department of Environmental Protection (NJDEP) | Tagged Tags: , , , , | Leave a comment

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

By | Published April 3, 2014 | Posted in Appeals, Climate Change, Environmental Issues, Litigation, New Jersey Department of Environmental Protection (NJDEP), New Jersey Environmental Laws | Tagged Tags: , , , , , | Leave a comment

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

By | Published February 21, 2014 | Posted in Environmental Litigation, Hazardous & Contaminated Site Remediation, Superfund (CERCLA) | Tagged Tags: , , , , , , | Leave a comment

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

By | Published January 30, 2014 | Posted in Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Superfund (CERCLA) | Tagged Tags: , , , , , , , , , , | Leave a comment

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

By | Published December 2, 2013 | Posted in Environmental Litigation, Hazardous & Contaminated Site Remediation, New Jersey Department of Environmental Protection (NJDEP), Permitting | Tagged Tags: , , , , , | Leave a comment

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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In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • 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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