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Appellate Division Case Demonstrates Importance of Carefully Negotiated Escrow Agreements

By | Published October 24, 2017 | Posted in Environmental Issues, Redevelopment | Leave a comment

Real estate transactions involving commercial and residential properties frequently employ the use of escrow agreements to address potential environmental issues.  This practice is widespread in New Jersey and it permits properties that may have environmental issues to go to closing without first accomplishing a cleanup.  This practice is good for the buyer, good for the Read More

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NJDEP Updates Soil Remediation Standards for 19 Contaminants

By | Published October 24, 2017 | Posted in Brownfields, Environmental Issues, Hazardous & Contaminated Site Remediation, Industrial Facilities | Leave a comment

Effective September 18, 2017, new soil remediation standards govern the cleanup of contaminated sites in New Jersey.  The New Jersey Department of Environmental Protection (“NJDEP”) recently updated remedial standards for nineteen contaminants based on the United States Environmental Protection Agency’s revisions to carcinogenic slope factor and non-carcinogenic reference dose data in its Integrated Risk Information Read More

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Further Action Required Despite Issue of No Further Action Letters

By | Published July 7, 2017 | Posted in Environmental Issues, Industrial Site Recovery Act (ISRA), Licensed Site Remediation Professionals (LSRP), Site Remediation Reform Act | Leave a comment

Further Action Required Despite Issue of No Further Action Letters In Drytech, Inc. v. State of New Jersey, the plaintiff manufacturer of desiccants appealed a Chancery Division order dismissing its complaint against the New Jersey Department of Environmental Protection (“NJDEP”), in which it sought a declaration that it did not have to comply with the Read More

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NJ Federal Court Provides Hope to Insureds Unable to Locate Historic Liability Policies and Coverage

By | Published July 7, 2017 | Posted in Insurance Recovery, Litigation | Leave a comment

In E.M. Sergeant Pulp & Chemical Co., Inc. v. Travelers Indemnity Co., Inc., plaintiff policyholder sought coverage and defense costs for environmental pollution claims under policies allegedly issued by defendant insurer. Civ. No. 12-1741, 2015 WL 9413094 (D.N.J. Jan. 17, 2017).  Plaintiff, a distributor of heavy industrial inorganic chemicals and raw materials, owned property in Read More

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State of New Jersey Not Liable for pre-1977 Hazardous Discharges

By | Published March 28, 2017 | Posted in Environmental Litigation, Industrial Facilities, Litigation, Spill Compensation and Control Act (Spill Act) | Leave a comment

On March 27, 2017, the New Jersey Supreme Court issued a very important decision concerning Spill Act liability in contribution cases.  In the case of NL Industries, Inc. v. State of New Jersey, the Court held that the State is not liable to pay cleanup costs for “pre-Act” discharges, meaning discharges that occurred before the Read More

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Laches to defeat a private party contribution claim under the Spill Act?

By | Published February 23, 2017 | Posted in Environmental Cleanup Cost Recovery, Environmental Issues, Environmental Litigation, Litigation | Leave a comment

In 2015, the New Jersey Supreme Court ruled that private party contribution claims under the New Jersey Spill Compensation and Control Act (the “Spill Act”) are not time barred by a statute of limitations. See Morristown Associates v. Grant Oil Co., 220 N.J. 360 (2015).  Accordingly, private claims for contribution pursuant to the Spill Act Read More

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When Remediation Goes Wrong: Appellate Division Says Remedial Efforts May Constitute Evidence Spoliation

By | Published February 16, 2017 | Posted in Environmental Cleanup Cost Recovery, Environmental Issues, Environmental Litigation, Litigation, Spill Compensation and Control Act (Spill Act) | Leave a comment

In 18-01 Pollitt Drive, LLC v. Engel, the Appellate Division held that the discard of piping, a sump pit, and concrete flooring during remediation constitutes spoliation of material, physical evidence. Docket No. A-4833-13T3 (App. Div. Oct. 31, 2016).  Spoliation of evidence occurs when a litigant has “hidden, destroyed, or lost relevant evidence and thereby impaired Read More

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A draft settlement is not an executable agreement for parties seeking to settle Natural Resource Damage liability under the Spill Act

By | Published February 8, 2017 | Posted in Environmental & Natural Resources, Environmental Litigation | Leave a comment

The Appellate Division recently handed down its decision in Cumberland Farms, Inc. v. New Jersey Department of Environmental Protection, et al., holding that no enforceable settlement existed between the two parties with respect to Natural Resource Damage (“NRD”) claims associated with fifty-four sites. Under the Spill Act, the New Jersey Department of Environmental Protection (“DEP”) Read More

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New EPA Rule Increases Civil Monetary Penalties in the Name of Inflation

By | Published November 11, 2016 | Posted in Environmental Issues, Federal Environmental Law | Leave a comment

Civil penalties, including those levied by the United States Environmental Protection Agency (“EPA”) under statutes such as the Clean Air Act (“CAA”) and Resource Conservation and Recovery Act, dramatically increased on August 1, 2016.  Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the “Inflation Improvement Act”), federal agencies are required Read More

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Appellate Division Sheds Light on Procedural Requirements for Certain Environmental Claims

By | Published August 23, 2016 | Posted in Environmental Cleanup Cost Recovery, Litigation | Leave a comment

A recent Appellate Division case shed some light on certain procedural requirements for environmental claims. In Bradley v. Kovelesky, et al., Docket No.: A-0423-14T4, the claims before the court pertained to an 8.3 acre property in Middletown Township. Lawrence Carton, deceased June 2007, purchased the property January 2006. Carton set out to build a residence Read More

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Our Attorneys

In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • 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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