By Stuart Lieberman | Published December 21, 2020 | Posted in Environmental & Natural Resources | Tagged Tags: Natural resource damages, NRDs, PFAS, PFOA | Comments Off on NJDEP files Additional Natural Resource Damages claims
The State DEP continues to pursue natural resource damages (called NRD) claims. These are lawsuits where the relief sought is not just a cleanup, which is normally the relief sought by DEP. Rather in NRD cases, the relief sought includes compensation for injury to or loss of a particular natural resource. This might relate to Read More
Read MoreLandlords and other property owners have so much on their plates. They need to worry about increasing utility costs. Taxes are always rising. So are maintenance and repair costs. Then there are the flooding concerns. With global warming many properties will be impacted over the next several decades. And commercial property owners have to worry Read More
Read MoreFederal caselaw has long made it clear that states may not be sued in federal court unless they have consented to such suit or unless Congress has narrowly subjected a state to such suit through legislation. Otherwise, federal courts lack subject matter jurisdiction over lawsuits brought against the various states. This immunity afforded the states Read More
Read MoreNew Jersey is a densely developed state. It is a comparatively small state, but a lot of people live in it. And because so many people live in such close proximity with one another, noise complaints are inevitable and commonplace. The first question involving a noise complaint is this: Is this truly a noise violation, Read More
Read MoreWhen most of us think of Maui, we envision great weather, lush vegetation, tiki bars and beaches. The very last thing that comes to mind are sewer plants and the risks they represent if they are not regulated. But the US Supreme Court’s recent and reasoned decision in County of Hawaii v Hawaii Wildlife Fund Read More
Read MoreAPM Reports (from American Public Media) has just released a report on May 4, 2020 that raises some critical questions not only about the quality of the water we are drinking, but the honesty of EPA’s testing program. In a nutshell, they assert that the water industry has prevailed in its attempts to make the Read More
Read MoreWe have a giant mercury exposure problem in our New Jersey schools. Rubberized flooring found in school gyms cracks over time. And some, not all of the flooring products have been determined to emit mercury when the cracks form. The cracks become a pathway for the mercury to be released into the environment so that Read More
Read MoreThe real estate industry relies on person to person activity. Real estate sales people meet their clients in person. They show them real estate in person. They hold open houses in person. And then they usually conduct closings in person. Of course this industry has been greatly impacted by COVID-19 and business cannot be conducted Read More
Read MoreCOVID-19 has undoubtedly shocked society and has currently brought life as most Americans know it to a screeching halt. What many Americans fear is that during these trying times, their obligations, whether it be financial or statutorily required, will continue to exist despite non-essential businesses being ordered to close and many people losing their jobs Read More
Read MoreWe have seen some community association managers take the position that compliance with government ordered social distancing and stay at home orders are government problems, not community association issues. Lieberman Blecher & Sinkevich sees this in a different light. We believe that community associations cannot ignore these highly unusual public obligations. Community Associations Must Stop Read More
Read More