By Stuart Lieberman | Published June 15, 2020 | Posted in Federal Court Litigation, Sovereign Immunity | Comments Off on Federal Appeals Court Tosses Case by the Waterfront Commission Against the New Jersey Governor
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Federal Appeals Court Tosses Case by the Waterfront Commission Against the New Jersey Governor
Federal 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 MoreSupreme court holds that original manufacturers can be liable for asbestos exposure emanating from replacement parts
It is clear that a manufacturer of a product that contains asbestos can be held liable in New Jersey for asbestos related illnesses associated with the use of the asbestos containing product or associated with the manufacture’s failure to warn about potential harm. This essentially follows traditional theories of product liability when plaintiffs are injured Read More
Read MoreNew Jersey Defends its Sovereignty after PennEast petitions the Supreme Court
Penneast Pipeline Company is seeking relief from the United States Supreme Court in order to build the Penneast pipeline through the use of federal eminent domain. The pipeline has been a source of controversy in New Jersey, as environmental groups and the State continue to oppose its construction. Application for the pipeline was filed with Read More
Read MoreNew Jersey Noise Complaints: Options for the Impacted Homeowner
New 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 MoreFrequently Asked Questions About New Jersey Natural Resource Damages Cases
For many years, natural resource damages claims represented a fairly insignificant part of the environmental law landscape nationally as well as here in New Jersey. When seeking damages for a contaminated site, the government’s primary priority has been remediation. However, more recently, the government has sought to collect damages for loss of natural resources, as Read More
Read MoreEPA ROLES BACK FEDERAL WETLANDS PROTECTIONS – AND GETS SUED FOR DOING SO
This past January, the federal government rolled back its protections of wetlands authorized under the United States Clean Water Act. The “Navigable Waters Protection Rule,” effective on June 22, 2020, revises the definition of “waters of the United States,” governing regulated waterways under the federal statute. This move was welcomed by various industry and agricultural Read More
Read MoreOur Drinking Water and Water Bodies Prevailed in The Maui decision
When 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 MorePublished Reports Claims EPA is Hiding True Lead Levels in Drinking Water
APM 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 MoreToxic Mercury in Gym Flooring Used by Our Children
We 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 MoreCOVID -19 and New Jersey Real Estate Transactions
The 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
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