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The Path(way) to Reinvestigation: MassDEP Revisits Closed TCE Sites

By | Published August 8, 2016 | Posted in Environmental Cleanup Cost Recovery, Hazardous & Contaminated Site Remediation | Leave a comment

The Massachusetts Department of Environmental Protection (“MassDEP”) recently proposed to reopen closed waste sites based on available data that suggests levels of trichloroethylene (“TCE”) may exceed current United States Environmental Protection Agency (“EPA”) toxicity values.  While the New Jersey Department of Environmental Protection (“NJDEP”) has not yet proposed a similar endeavor, it is worth following Read More

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U.S. Supreme Court Affirms Army Corps Jurisdictional Determinations as Judicially Reviewable Final Agency Actions

By | Published August 3, 2016 | Posted in Administrative Law, Environmental & Natural Resources, Environmental Issues, Wetlands | Leave a comment

On May 31, 2016, the United States Supreme Court unanimously held in United States Army Corps of Engineers v. Hawkes Co., Inc. that an Army Corps of Engineers jurisdictional determination (“JD”) is a judicially reviewable final agency action under the Administrative Procedure Act (the “APA”). No. 15-290, slip op., 578 U.S. ___ (May 31, 2016). Read More

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Unprecedented Climate Change Case Proceeds in Court

By | Published July 6, 2016 | Posted in Climate Change, Environmental & Natural Resources | Leave a comment

A federal magistrate judge in Eugene, Oregon recently allowed an unprecedented climate change case to proceed in court.  Bill McKibben and Naomi Klein call it the “most important lawsuit on the planet right now.” In Kelsey Cascade Rose Juliana; et al. v. the United States of America; et al., Docket No.6:15-cv-1517-TC (D. Or. Apr. 8, Read More

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New York Court of Appeals Considers Navigability of Adirondack Waterway

By | Published May 31, 2016 | Posted in Environmental & Natural Resources | Leave a comment

In Friends of Thayer Lake LLC v. Brown, 2016 NY Slip Op 03647, the issue recently in front of the Court of Appeals of New York was whether a certain Adirondack waterway is navigable-in-fact, a question that determines whether the public has access to the waterway. Plaintiffs own land in a remote area of the Read More

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EPA Announces National Enforcement Initiatives, effective October 1, 2016

By | Published March 21, 2016 | Posted in Environmental & Natural Resources | Leave a comment

On February 18, 2016, the United States Environmental Protection Agency (EPA) announced its National Enforcement Initiatives for the 2017 to 2019 fiscal years.  Effective October 1, 2016, EPA will keep four current National Enforcement Initiatives, add two new initiatives, and expand on one during the next three years.  Therein, EPA also announced the ending of Read More

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The Dune Abides

By | Published January 11, 2016 | Posted in Environmental & Natural Resources, Environmental Issues | Leave a comment

In State of New Jersey, Department of Environmental Protection v. City of Margate, Docket No. ATL-L-2295-15 (Law Div.), the Atlantic County Superior Court ruled, among other things, that the municipal defendant (“Margate”) made a sufficient showing of arbitrariness to warrant a hearing on the issue of whether the condemnation action brought by the plaintiff, the Read More

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The New Jersey Beach Access Saga Continues

By | Published January 7, 2016 | Posted in Beaches & Coast, Environmental & Natural Resources | Leave a comment

In a much anticipated decision that came down on Tuesday, December 22, 2015, the Appellate Division of the Superior Court of New Jersey found that the 2012 beach access rules constructed by the Christie Administrative were invalid. The three-judge panel declared the New Jersey Department of Environmental Protection (“DEP”) was not authorized to promulgate the Read More

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Courts Prevent the New Jersey Spill Act from Leaking

By | Published January 7, 2016 | Posted in Environmental & Natural Resources, Environmental Issues | Leave a comment

In Morristown Assoc. v. Grant Oil Co., Docket No. A-0313-11T3 (App. Div. Nov. 17, 2015), the Appellate Division returned to a matter concerning the New Jersey Spill Compensation and Control Act (“Spill Act”).  Morristown Associates, the plaintiff, sought contribution from potentially responsible parties (“PRPs”) for costs associated with the cleanup and removal of fuel oil Read More

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WHEN PURCHASING CONTAMINATED PROPERTY, CAVEAT EMPTOR SAYS THE APPELLATE DIVISION

By | Published November 17, 2015 | Posted in New Jersey Environmental Laws | Leave a comment

At the end of July the Appellate Division handed down a decision recognizing significant leeway and discretion to the New Jersey Department of Environmental Protection (“NJDEP” or “the Department”) under the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 through -18 (“ISRA”). In CD&L Realty, LLC v. New Jersey Department of Environmental Protection, Docket No. A-4066-13T3 (App. Read More

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EPA ISSUES SECOND NOTICE OF VIOLATION TO VW FOR 2014-2016 VEHICLES, INCLUDING AUDI, PORSCHE

By | Published November 17, 2015 | Posted in Clean Air Act, Federal Environmental Law | Leave a comment

The saga involving Volkswagen’s alleged use of illegal “defeat devices” in a number of its vehicles continued on Monday November 2, 2015, with EPA issuing a second Notice of Violation (NOV) to several of Volkswagen’s American entities.  Notably, unlike a NOV issued in mid-September the Notice was issued to not just Volkswagen and Audi, but 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.

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