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Changes to Phase I Environmental Site Assessment standards may change federal environmental due diligence requirements.

At both the state and federal levels, purchasers of commercial property are required to perform certain environmental investigations in order to shield themselves from liability for contamination found after the purchase. This process is known as “environmental due diligence.” Under the federal Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as “CERCLA,” the industry Read More

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Newark Superfund site one step closer to full remediation

Last month, the U.S. Environmental Protection Agency (EPA) concluded the public comment period on its proposed cleanup plan for a Superfund site along the Passaic River in Newark. The EPA’s Superfund program exists to provide funding and support for the remediation of some of the nation’s most contaminated properties. The Riverside Industrial Park Superfund site Read More

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NJDEP’s environmental justice initiative targets polluters in minority and low-income areas

In August of 2020, the NJ Department of Environmental Protection (DEP) filed 12 new enforcement actions in one day against specific defendant polluters as part of an environmental justice initiative. The polluters exclusively targeted were those whose actions have threatened the health and safety of residents in minority and lower income communities. Some of the Read More

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Environmental remediation timeframes extended again in February 2021 due to COVID-19

Throughout the COVID-19 public health emergency, keeping up with deadlines and time frames has been a difficult task for many. The State of New Jersey as well as the New Jersey Department of Environmental Protection (DEP) have recognized these hardships in the context of NJ’s environmental regulations by extending some of the time frames typically Read More

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New Jersey Courts Make it Easier for Commercial Landlords to Change the Locks and for Lenders to Foreclose

The COVID pandemic began in March of 2020 and placed many individuals, businesses and mortgage lenders in circumstances which seemingly only ever existed in their wildest dreams. Among those impacted by the pandemic, were landlords and tenants, both residential and commercial. Landlords needed to continue collecting rent, or have the ability to find tenants who Read More

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Changes to Phase I Environmental Site Assessment standards may change federal environmental due diligence requirements.

At both the state and federal levels, purchasers of commercial property are required to perform certain environmental investigations in order to shield themselves from liability for contamination found after the purchase. This process is known as “environmental due diligence.” Under the federal Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as “CERCLA,” the industry Read More

Read More

Appeals Court Critical of Law Firm’s “Scorched Earth” Collected Tactics in Landlord Tenant Case

Law firms hired by landlords in collection actions against tenants can be liable to pay the tenant both statutory penalties and attorneys fees if they use improper collection practices. That’s the ruling in an appeals court decision in the case of Kelly Williams v. Gluck & Tobin Esquires and Irving Tobin, which upheld an attorneys Read More

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Shipping warehouse development continues steadily across New Jersey despite community opposition

As the majority of retail transactions continue to rapidly shift to the online sphere, the development of shipping warehouses continues to boom across the state of New Jersey and elsewhere in the country. The developers of these facilities have often been met with opposition from members of the community at local planning and zoning board Read More

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NJDEP sues chemical companies over alleged public drinking water contamination

In November 2020, the New Jersey Department of Environmental Protection (DEP) filed suit against multiple chemical manufacturers. The complaint alleges that discharge from the defendant manufacturers’ facilities has contaminated public drinking water as well as caused other environmental concerns in Gloucester County, New Jersey. The DEP asserts that the defendant manufactures released polyfluoroalkyl substances, more Read More

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New NJDEP initiative works with municipalities to combat illegal dumping

The New Jersey Department of Environmental Protection (NJDEP) recently launched a new program through which it is working with 12 municipalities to combat illegal dumping. The program, formally known as the “IDP-CAD” Project (“Illegal Dumping Program – Collaboration and Deterrence”), seeks “to deter illegal dumping and empower municipalities to take an active role in combating Read More

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Recent Blog Posts

New Jersey pushes back against pipeline company in US Supreme Court

The State of New Jersey is currently battling PennEast Pipeline Co. in the Supreme Court in attempt to block the construction of a new pipeline. PennEast obtained the necessary Federal Energy
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New Jersey pushes back against pipeline company in US Supreme Court

Stormwater drainage in New Jersey causes increasing issues between neighbors across the state

New Jersey is the most densely populated state in the country. As development continues across the state, flooding disputes between residential neighbors are becoming increasingly common. Generally, a residential property owner
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Stormwater drainage in New Jersey causes increasing issues between neighbors across the state

The “Green” School Bus: The EPA aids the State of New Jersey in transitioning School Buses throughout the State from Diesel to Electric

The development of environmentally-friendly vehicles has been the focus of states and vehicle manufacturers for the greater part of a decade, however not much focus has been placed on updating
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The “Green” School Bus: The EPA aids the State of New Jersey in transitioning School Buses throughout the State from Diesel to Electric

Most recent paraquat lawsuit filed by New Jersey resident against Syngenta, Chevron

For several years, Syngenta, the manufacturer of paraquat, an herbicide, has faced legal consequences due personal injury caused by this chemical, specifically Parkinson’s disease. Most recently, on March 25, 2021,
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Most recent paraquat lawsuit filed by New Jersey resident against Syngenta, Chevron

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...

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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.

    Read More
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