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Marlboro Planning Board Rejects Developers Application

The Marlboro Planning Board voted last Wednesday night to deny a developer’s application to build a large-scale affordable housing project due to environmental constraints. In particular, the Board expressed concerns over the stormwater system proposed to service the runoff on the property. According to State law concerning runoff, a stormwater system must absorb all of Read More

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NJDEP Adopts Correction to Air Minor Source Grace Period Determination

On November 18, 2013, the New Jersey Department of Environmental Protection (“NJDEP”) amended the Air Administrative Procedures and Penalties Code, N.J.A.C. 7:27A-3.10(m)16, to change a violation of N.J.A.C. 7:27-16, Control and Prohibition of Air Pollution by Volatile Organic Compounds (VOC) for Vapor Control Systems from a minor violation to a non-minor violation. A gas distributing Read More

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Federal Grant for Remediation of Sandy-damaged UST’s Announced

Recently, the New Jersey Department of Environmental Protection (DEP) announced that it will administer a $2.3 million grant issued by the Environmental Protection Agency (EPA) in order to aid homeowners and operators of underground storage tank (UST) facilities remediate tanks that were damaged during Superstorm Sandy. The State will be contributing a 10% match of Read More

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Appellate Division Holds Spill Act and ERA Actions May Be Referred to NJDEP Until Site Clean Up Completed

The New Jersey Appellate Division recently held that an action brought under the New Jersey Environmental Rights Act (ERA) to enforce the Spill Compensation and Control Act (Spill Act) may properly be referred to the Department of Environmental Protection (DEP) until the site clean-up is complete. In Meyer v. Constantinou, the owner of a former Read More

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NJ Supreme Court Judge Rules Two-Step Process Required for Eminent Domain Zoning Changes

In a recent New Jersey Supreme Court decision entitled Borough of Saddle River v. 66 East Allendale, LLC the Court addressed whether “it was proper to allow the jury to hear evidence on the likelihood of a zoning change without the trial court first determining outside of the jury’s presence that there was a reasonable Read More

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The Passaic River Coalition’s Work To Protect The Passaic River Basin

In our state, people do not often have to worry about having a clean and reliable water supply for themselves and their family. However, it is the continuing work of local organizations like the Passaic River Coalition (“PRC”) that ensures our water supplies remain viable for future generations. The PRC guards the Passaic River Basin; Read More

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Appellate Division Holds Municipality Liable for Damages for Failure to Comply with Easement Agreements

The New Jersey Superior Court Appellate Division held in Petrozzi v. Ocean City that beach-front property owners are able to recover damages for the failure of a municipality to comply with easement agreements. At the end of the 1980’s, Ocean City initiated a dune restoration program and acquired easements from property owners in order to Read More

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NJ Supreme Court Recognizes Direct Claim for Contribution between Insurers

The New Jersey Supreme Court held recently that an insurer with an obligation to indemnify and defend has a direct claim for contribution against a co-insurer for costs associated with defending the insured in continuous property damage litigation. This is true even if the insured releases that co-insurer. In Potomac Ins. Co. v. Pennsylvania Manufacturers’ Read More

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NJSBA to Hold “Land Contamination and Real Estate” Program

The New Jersey State Bar Association (NJSBA) is hosting a CLE program on Wednesday, November 13, 2013 entitled “Land Contamination and Real Estate.” This program will feature speaker Johnston (Jack) Huntress, of Environmental Data Resources. The program will focus on environmental property due diligence that originated in the 1980’s and the progress made to present Read More

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Third Circuit Finds Jurisdiction Over RCRA Claims is Exclusively Federal

On August 6, 2013, a decision by the United States Court of Appeals for the Third Circuit held that the federal district courts hold exclusive jurisdiction over Resource Conservation and Recovery Act (RCRA) claims. In Litgo New Jersey, Inc. v. Commissioner New Jersey Department of Environmental Protection, __ F.3d __ (3d Cir. 2013), the Third Read More

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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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