Search Site
Menu
Author Archive
Shawn LaTourette
1 - 10 of 17
Page 1 of 2

NJDEP Overreached in Seizing "Rotten Egg" Smelling Fenimore Landfill

Appeals Court Overturns NJDEP Seizure of Fenimore Landfill The Appellate Division of the New Jersey Superior Court concluded that the Fenimore Landfill, owned and operated by Strategic Environmental Partners LLC (SEP), should not have been closed and seized by the New Jersey Department of Environmental Protection (NJDEP) just thirty minutes after a new law was passed Read More

Read More

Oil Company Not Liable to Neighbor for Leaking Underground Tanks

Oil Company Not Liable to Neighbor for Leaking Underground Tanks Gasoline Station Owner Not Liable for Damage to Neighbor Who Did Not Properly Allege Harm A property owner whose investment property was contaminated by a leaking gasoline station next door had his property damage case dismissed because he failed to completely allege all of his Read More

Read More

NJ Supreme Court: Experts Must Opine As to Objective Standards of Care

NJ High Court Bars Expert Testimony as Net Opinion Where Expert Does Not Reference an Objective Standard of Care In cases involving allegations of negligence, the injured party has to prove that the person or entity being sued failed to act reasonably, causing harm to the victim. In those cases, the injured person must show that Read More

Read More

NJ Supreme Court: Environmental Litigation Over Cleanup Cost Allocation May Proceed

 Sets New Environmental Law Precedent New Jersey’s highest court has ruled that in private contribution claims arising under the Spill Act, “a party determined to be a discharger and held responsible for the cost of cleanup by the DEP is entitled to bring a contribution claim against other potentially responsible parties before the final tally Read More

Read More

The Importance of a Timely Notice of Claims Against Governmental Entities

In Tracey v. Borough of Essex Fells, a case recently decided by the New Jersey Appellate Division, the plaintiff was injured when an off-duty police car nearly struck him while jogging. At the time, Tracey did not believe he was injured, but he did file a police incident report. Two months later, Tracey sought treatment Read More

Read More

L&B Reflects on the Legacy of Environmental Activist Jane Tousman

Jane Tousman, a New Jersey environmental activist who made great strides in wetlands preservation in Edison, passed away on Saturday, March 22, 2014 at the age of 77 due to complications of a stroke. Jane dedicated much of her life to the battle for land preservation. Jane was known to be relentless and prepared; she Read More

Read More

January is Radon Awareness & Action Month

Radon is a colorless and odorless gas.  Radon is naturally occurring. It comes from the radioactive breakdown of uranium in soil, rock and water and enters both the outdoor and indoor air. Radon is found all over the United States, including in New Jersey, New York and Pennsylvania.  Radon can be measured through testing. Radon Read More

Read More

New Standards for Phase I Environmental Site Assessments

On November 6, 2013, the American Society for Testing and Materials (“ASTM”) published new standards for Phase I Environmental Site Assessments (“ESA”). Phase I ESAs are conducted to assess the environmental condition of commercial real estate for potential buyers. The ASTM’s E1527-05 standard has been approved by the Environmental Protection Agency (“EPA”) to satisfy the Read More

Read More

The Passaic River Coalition’s Work To Protect The Passaic River Basin

In our state, people do not often have to worry about having a clean and reliable water supply for themselves and their family. However, it is the continuing work of local organizations like the Passaic River Coalition (“PRC”) that ensures our water supplies remain viable for future generations. The PRC guards the Passaic River Basin; Read More

Read More

Appellate Division Holds Municipality Liable for Damages for Failure to Comply with Easement Agreements

The New Jersey Superior Court Appellate Division held in Petrozzi v. Ocean City that beach-front property owners are able to recover damages for the failure of a municipality to comply with easement agreements. At the end of the 1980’s, Ocean City initiated a dune restoration program and acquired easements from property owners in order to Read More

Read More
1 - 10 of 17
Page 1 of 2
Our Attorneys

Recent Twitter Posts

  • New Jersey Legislature Passes National Precedent Setting Environmental Justice Bill. https://t.co/P8ybU2UrtD
    2 months ago
  • New Jersey files 12 new environmental justice lawsuits. https://t.co/jYo1yCwTOa
    2 months ago
  • Plans Underway for Building Offshore Wind Farms Along the New Jersey Coast. https://t.co/S4CDX5DMS0
    3 months ago
  • Energy companies cancel construction of Atlantic Coast Pipeline. https://t.co/aDYHr4nhal
    4 months ago

Recent Blog Posts

Lead Exposure and Frivolous Litigation

Owners of older residential properties are likely familiar with the legal requirement to provide warnings concerning the existence of lead. Lead exposure, particularly amongst children, can result in severe, even
Read More
Lead Exposure and Frivolous Litigation

New Jersey Supreme Court rules the PLA does not preempt CFA claims by consumers

Now more than ever, consumer protection is important. As a result of the Covid-19 pandemic, we see new products on our shelves, promising safe disinfection for hands and surfaces as
Read More
New Jersey Supreme Court rules the PLA does not preempt CFA claims by consumers

Notices and Appellate Review of a CAFRA Permit

In JSTAR, LLC v. New Jersey Department of Environmental Protection, et al., Docket No. A-1745-18T1, the Appellate Division in an unpublished decision revisited the issues of notice and a review
Read More
Notices and Appellate Review of a CAFRA Permit

Preemption Isn’t Always the Answer: The Superior Court of New Jersey, Camden County Law Division highlights the necessary harmony between State legislation and municipal land use ordinances

On November 20, 2019, the Superior Court of New Jersey, Camden County Law Division, issued an opinion in the matter captioned Lakeview Memorial Park Association v. Burlington County Construction Board
Read More
Preemption Isn’t Always the Answer: The Superior Court of New Jersey, Camden County Law Division highlights the necessary harmony between State legislation and municipal land use ordinances

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...

    Read More
  • 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 ...

    Read More
  • 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.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form