By Noah Botwinick | Published January 24, 2023 | Posted in Environmental Litigation | Tagged Tags: Cleanup of pfas, How you you eliminate PFAS, Is PFAS harmful, PFAS Can PFAS hurt you, What is pfas Ilness associated with, Which companies created pfas | Comments Off on Court Affirms DEP Direct Oversight of Remediation Efforts of PFAS Polluting Plant
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Noah Botwinick
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⟨ Court Affirms DEP Direct Oversight of Remediation Efforts of PFAS Polluting Plant
This week, in In re Dep’t of Envtl. Prot. Direct Oversight Determination, No. A-0635-20, 2023 WL-125229 (App. Div. Jan. 9, 2023), New Jersey’s Appellate Division affirmed a Department of Environmental Protection (DEP) determination that a manufacturing plant was subject to direct oversight of its remediation of discharged hazardous substances. In 2019, the DEP issued Read More
Read MoreInsurance Providers Exempted from Providing Coverage Under Policy’s Pollution Exclusion
In an unpublished opinion about an insurance coverage dispute, the Superior Court of New Jersey’s Appellate Division held last week that prior owners of a polluted property who were sued by the current owners were properly denied coverage by their insurance providers because of a pollution exclusion contained in the prior owners’ comprehensive general liability Read More
Read MoreCourt Rules Proceeds of a Partition Should be Equally Distributed Between Property’s Co-Owners
This week, the Superior Court of New Jersey’s Appellate Division affirmed the Chancery Division’s holding that the net proceeds of a partition by sale of property should be equally distributed between the property’s co-owners. In Gabriel v. Wallace, No. A-2449-21 (App. Div. Dec. 28, 2022), two individuals had purchased a piece of property as tenants Read More
Read MoreNo res judicata defense in commercial landlord tenant case
The Superior Court of New Jersey’s Appellate Division recently reversed a trial court’s decision to deny a property owner’s motion for reconsideration after the Law Division in Morris County determined that the doctrine of res judicata precluded the claim. In Phillipsburg Deli & Mini Mkt., LLC v. Babla Fuel Stop, LLC, No. A-1792-21 (App. Div. Dec. 8, 2022), a Read More
Read MoreCondo Liability In Snow Storms
by: Noah Botwinick The Superior Court of New Jersey’s Appellate Division recently overturned a grant of summary judgement to a defendant community association sued by a pedestrian who slipped on ice in a condominium parking lot within an hour of a snowstorm, citing an exception to the recently adopted ongoing storm rule. In Hanna v. Woodlan Cmty. Ass’n, No. A-0277-21 (App. Div. Nov. 17, 2022), a plaintiff condominium Read More
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