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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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New Jersey Makes a Splash by Winning Two Tidelands Cases

By | Published September 21, 2015 | Posted in Beaches & Coast | Leave a comment

New Jersey Makes a Splash by Winning Two Tidelands Cases In Lisowski v. Borough of Avalon (2015), the Superior Court of New Jersey considered two consolidated appeals, Lisowski v. Borough of Avalon and State of New Jersey, Department of Environmental Protection v. Township of Delanco, each challenging the timeliness of the State of New Jersey’s Read More

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New Jersey Supreme Court Examines Nuisance and Trespass Regarding Leaking UST, Rules Out Suit Against Neighbor’s Insurance Carrier

By | Published August 31, 2015 | Posted in Beaches & Coast | Leave a comment

On August 6, 2015, the New Jersey Supreme Court decided Ross v. Lowitz,Nos. A-101 September Term 2013, 074200. The Court’s opinion sheds some light on the state of New Jersey nuisance and trespass law. Yet it also raises some important questions about what a Plaintiff alleging environmental contamination and seeking tort damages must prove in Read More

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The Exxon Settlement Paves the Way for future reviews of NRD claims

By | Published August 31, 2015 | Posted in Beaches & Coast | Leave a comment

Judge Hogan has tried and overseen many environmental cases and that fact was evident in the over 80 page decision that he wrote last week upholding the frequently maligned $225 million settlement between the state DEP and the oil giant. While many people argued the state should have gotten more, largely because the state itself Read More

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Wind turbines: The answer my friend is not always blowing in the wind

By | Published August 18, 2015 | Posted in New Jersey Department of Environmental Protection (NJDEP), Wind Energy | Leave a comment

The Superior Court of New Jersey in Re: Petition of Fisherman’s Atlantic City Windfarm, LLC for the Approval of the State Waters Wind Project and Authorizing Offshore Wind Renewable Energy Certificates, (2015) considered an appeal by Fishermen’s Atlantic City Windfarm, LLC, (FACW) for approval of a wind energy project that would be subsidized by the Read More

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Pre-emption of solid waste regulation in NJ can be a real problem for local officials

By | Published August 10, 2015 | Posted in Land Use Regulation Program (LURP), New Jersey Environmental Laws | Leave a comment

The Superior Court of New Jersey in Gary Walker d/b/a Omega Material Recovery v. Board of Chosen Freeholders of the County of Burlington, (2015) considered an appeal to amend the Burlington County District Solid Waste Management Plan (the District Plan) in order to approve a site for a solid waste transfer station and material recovery Read More

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Administrative Remedies Must Be Exhausted Before Inverse Condemnation Lawsuit

By | Published March 30, 2015 | Posted in Appeals, Condemnation, Development, Land Use, Litigation, Pinelands, Planning, Zoning | Tagged Tags: , , , , , , | Leave a comment

The Supreme Court in Griepenburg v. Ocean Township, 220 N.J. 239 (2015), considered the circumstances under which municipal zoning ordinances represent a legitimate exercise of a municipality’s power to zone property consistent with its Master Plan and the Municipal Land Use Law (“MLUL”) goals.  In the late 1990s, Ocean Township, which is bordered by the 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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