By Stuart Lieberman | Published March 21, 2023 | Posted in New Jersey Environmental Laws | Tagged Tags: DEP settlement enforcement, ISRA cleanup, ISRA settlement, NJDEP settlement, Property owner and operator responsibility under ISRA, Settlement and declaratory Judgment lawsuit, What triggers ISRA | Comments Off on Appeals court upholds Industrial park requirements to undertake environmental cleanup but rejects DEP’s demands for penalties
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Appeals court upholds Industrial park requirements to undertake environmental cleanup but rejects DEP’s demands for penalties
A New Jersey appeals court has affirmed the decision of a New Jersey trial court requiring an industrial establishment to conduct a full environmental remediation at its property. This occurred in the case of Dorine Industrial Park Partnership versus NJ DEP, at al, which was decided on March 6, 2023. At issue was a business Read More
Read MoreGovernor Murphy Announces Plan to Require 100% Clean Energy and All-Electric Cars by 2035
This week, Governor Murphy signed Executive Order No. 315, accelerating New Jersey’s goal of reaching 100% clean energy in the state by the year 2035. The State had previously declared a goal of reaching this target by the year 2050. The Governor also announced that it is initiating the process to adopt Advanced Clean Cars Read More
Read MoreWhen A First Right of Refusal Is Too Late
On December 22, 2022, the Superior Court of New Jersey, Appellate Division decided the case Saadia Square LLC v. SM Logistics Member LLC et. al. This case arises out of a dispute between the parties’ Operating Agreement and the ability to revoke an offer prior to acceptance. The Operating Agreement requires Defendant to offer Plaintiff the right of first refusal to purchase property that Plaintiff intends to sell Read More
Read MoreIndemnification Provision Entitles Former Condominium Association Trustee to Recover Certain Fees and Costs for First-Party Claim
Last week, New Jersey’s Appellate Division found that a former trustee of a condominium association’s board was entitled to recover certain fees and costs pursuant to the association’s indemnification provision. In that case, Boyle v. Huff, 2023 N.J. Super. Unpub. LEXIS 85, a trustee (Plaintiff) who had been kicked off a condo association’s board filed Read More
Read MoreCourt Affirms DEP Direct Oversight of Remediation Efforts of PFAS Polluting Plant
This week, in In re Dep’t of Envtl. Prot. Direct Oversight Determination, No. A-0635-20, 2023 WL-125229 (App. Div. Jan. 9, 2023), New Jersey’s Appellate Division affirmed a Department of Environmental Protection (DEP) determination that a manufacturing plant was subject to direct oversight of its remediation of discharged hazardous substances. In 2019, the DEP issued Read More
Read MoreWhat to do if a certificate of occupancy has been incorrectly issued?
Town rescinds certificate of occupancy for former motel On January 5, 2023, the Superior Court of New Jersey Appellate Division decided the case Department of Community Affairs, etc v. Kenneth D. Roberts, etc. In this case, Defendant Kenneth D. Roberts appeals from the final decision of the Commissioner of the Department of Community Affairs to suspend his license under the Hotel and Multiple Dwelling Law Read More
Read MoreInsurance Providers Exempted from Providing Coverage Under Policy’s Pollution Exclusion
In an unpublished opinion about an insurance coverage dispute, the Superior Court of New Jersey’s Appellate Division held last week that prior owners of a polluted property who were sued by the current owners were properly denied coverage by their insurance providers because of a pollution exclusion contained in the prior owners’ comprehensive general liability Read More
Read MoreOver 100 Reported Cases of Brain Tumors in former Colonia High School Students
There are now 108 people that were diagnosed with brain tumors over the past three decades who have either attended or worked at Colonia High School. A former student is responsible for linking these individuals together. He and his wife both attended high school in the 1990s and both have been diagnosed with rare brain Read More
Read MoreCourt Rules Proceeds of a Partition Should be Equally Distributed Between Property’s Co-Owners
This week, the Superior Court of New Jersey’s Appellate Division affirmed the Chancery Division’s holding that the net proceeds of a partition by sale of property should be equally distributed between the property’s co-owners. In Gabriel v. Wallace, No. A-2449-21 (App. Div. Dec. 28, 2022), two individuals had purchased a piece of property as tenants Read More
Read MoreNo res judicata defense in commercial landlord tenant case
The Superior Court of New Jersey’s Appellate Division recently reversed a trial court’s decision to deny a property owner’s motion for reconsideration after the Law Division in Morris County determined that the doctrine of res judicata precluded the claim. In Phillipsburg Deli & Mini Mkt., LLC v. Babla Fuel Stop, LLC, No. A-1792-21 (App. Div. Dec. 8, 2022), a Read More
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