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Author Archive
Kevin Leach
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No Standing Room: Third Parties Left Out in the Cold From NJDEP Adjudicatory Hearings

By | Published October 22, 2025 | Posted in Environmental Law | Tagged Tags: , , , , , , , , | Comments Off on No Standing Room: Third Parties Left Out in the Cold From NJDEP Adjudicatory Hearings

On September 25, 2025, the New Jersey Appellate Division issued a sharp reminder of just how narrow the path is for third parties seeking adjudicatory hearings in environmental agency actions. In In re Request for Adjudicatory Hearing on Action of Tidelands Resource Council, No. A-2198-23, the court affirmed the New Jersey Department of Environmental Protection’s Read More

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Before You Sign on the Dotted Line: Lawyer Review of Lease Agreements

By | Published October 16, 2025 | Posted in Uncategorized | Tagged Tags: , , | Comments Off on Before You Sign on the Dotted Line: Lawyer Review of Lease Agreements

As rising rents and tighter market conditions continue to define both residential and commercial leasing, tenants are increasingly urged to seek legal counsel before signing any lease agreement. Despite the high stakes, many tenants – particularly small business owners and first-time renters – enter into lease agreements without attorney review. This decision often results in Read More

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September 5 Cutoff Looms for Streamlined PFAS/AFFF Claims in Multi-District Litigation

By | Published September 3, 2025 | Posted in Legal Update | Tagged Tags: , , , , , , , , , , | Comments Off on September 5 Cutoff Looms for Streamlined PFAS/AFFF Claims in Multi-District Litigation

On August 22, 2025, the South Carolina District Court, which is overseeing the nationwide PFAS (per- and polyfluoroalkyl substances) / AFFF (Aqueous Film-Forming Foam) litigation, issued Case Management Order No. 36 (“CMO 36”), further reinforcing the critical importance of timely filing. This order addresses efforts by some plaintiffs to avoid federal jurisdiction by omitting references Read More

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New Update in PFAS/AFFF Litigation: Why Filing Before September 5, 2025, Matters

By | Published August 28, 2025 | Posted in PFAS | Tagged Tags: , , , , , , , , , , | Comments Off on New Update in PFAS/AFFF Litigation: Why Filing Before September 5, 2025, Matters

On August 15, 2025, the Court overseeing the nationwide PFAS (per- and polyfluoroalkyl substances) / AFFF (Aqueous Film-Forming Foam) litigation issued Case Management Order No. 35 (“CMO 35”), a major development that directly affects individuals who have not yet filed a claim. This new order created a “Filing Facilitation Window” that gives plaintiffs until September Read More

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New Jersey’s Anti-SLAPP Law: A Growing Shield for Free Speech

By | Published July 14, 2025 | Posted in Appellate Practice | Tagged Tags: , , , , , , , , , , | Comments Off on New Jersey’s Anti-SLAPP Law: A Growing Shield for Free Speech

Since 2023, New Jersey has had a powerful Anti-SLAPP law on the books – the Uniform Public Expression Protection Act (UPEPA) – designed to stop lawsuits that punish people for speaking out on public issues. SLAPP stands for Strategic Lawsuit Against Public Participation. These suits are often brought by wealthy or powerful plaintiffs – corporations, Read More

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Potential PFAS Settlement in New Jersey Signals a New Era of Accountability

By | Published May 29, 2025 | Posted in PFAS | Comments Off on Potential PFAS Settlement in New Jersey Signals a New Era of Accountability

In a landmark development in New Jersey environmental litigation, chemical manufacturer 3M has agreed to a proposed $285 million judicial consent order with the New Jersey Department of Environmental Protection (NJDEP) to resolve claims related to PFAS – also known as “forever chemicals.” If approved by the court, this will become the largest PFAS settlement Read More

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Federal District Court Confirms NJ SLAPP Law Applies in Federal Proceedings

By | Published May 20, 2025 | Posted in SLAPP Suits | Comments Off on Federal District Court Confirms NJ SLAPP Law Applies in Federal Proceedings

In a closely watched decision, the U.S. District Court for the District of New Jersey held that New Jersey’s anti-SLAPP law – the Uniform Public Expression Protection Act (UPEPA), codified at N.J.S.A. 2A:53A-49 – can be applied in federal court under certain circumstances. The case, Paucek v. Shaulis, involved defamation-adjacent claims based on online criticisms Read More

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Camden Scrapyard Fire Prompts Legislative Action on Battery and Shredder Waste Regulations

By | Published May 20, 2025 | Posted in Environmental Law | Comments Off on Camden Scrapyard Fire Prompts Legislative Action on Battery and Shredder Waste Regulations

In response to a major fire in February 2025, at the EMR scrapyard in Camden, Assemblyman William F. Moen Jr. introduced a package of bills intended to reduce fire risk and improve environmental oversight at scrap metal facilities. On May 8, 2025, the Assembly Environment, Natural Resources and Solid Waste Committee advanced two of the Read More

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Appellate Court Reverses Lower Court Ruling on Solar Energy Project, Clarifying Zoning Ordinance Interpretations

By | Published March 14, 2025 | Posted in Uncategorized | Tagged Tags: , , , , , , , , , | Comments Off on Appellate Court Reverses Lower Court Ruling on Solar Energy Project, Clarifying Zoning Ordinance Interpretations

Gloucester Solar I, LLC recently sought approval to build a commercial solar energy facility in the Business District of Franklin Township. The Township’s zoning ordinance did not explicitly include solar energy facilities as a permitted use in the Business District.  Gloucester argued at a public hearing in front of the Zoning Board that the district Read More

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Appellate Division Underscores Criteria Necessary for (c)(2) Variance Approval

By | Published February 24, 2025 | Posted in Uncategorized | Tagged Tags: , , , , , , , , | Comments Off on Appellate Division Underscores Criteria Necessary for (c)(2) Variance Approval

In Kaja v. Borough of West Long Branch Planning Board, 2025 N.J. Super. Unpub. LEXIS 171, a recent unreported Appellate Division decision, the Court upheld the Borough of West Long Branch Planning Board’s (the “Board”) decision to deny the plaintiff’s application to subdivide his single-family residential property and to construct a second single-family home. In 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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