By James S. Diskint | Published July 6, 2016 | Posted in Climate Change, Environmental & Natural Resources | Leave a comment
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Category Archive
Climate Change
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Unprecedented Climate Change Case Proceeds in Court
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
Read MoreNew Jersey Appeals Court Finds Christie Administration Illegally Repealed RGGI-Related Climate Regulations
The New Jersey Appellate Division recently held that the state was not permitted to repeal administrative regulations without going through the formal rule making processes of the Administrative Procedures Act (APA), even if the subject regulations are tied to a regional cooperative effort in which the state is no longer participating. In the case, captioned Read More
Read MoreN.J. Supreme Court Rules in Favor of Dunes and Against Ocean Views
On July 8, 2013, at the intersection of environmental and eminent domain law, the New Jersey Supreme Court issued its long-anticipated decision in Borough of Harvey Cedars v. Karan, ____ N.J. ____ (2013). The backdrop of this case was a beach restoration and storm protection project on Long Beach Island funded by federal, state, and Read More
Read MoreNJDEP Updates Elevation Standards and Flood Maps
On March 26, 2013 the Administration of Governor Christie filed an adoption package that will set new statewide elevation standards, based on flood maps by the Federal Emergency Management Agency (FEMA). This package will keep an emergency rule from January 2013 in place. The update reflects the first change to New Jersey’s coastal county flood Read More
Read MoreUpdate: Greenhouse Gas Cap-and-Trade in New Jersey
The “cap-and-trade” emissions reduction concept is still a relatively recent phenomenon; one that uses free markets to help further the goal of environmental protection. In short, cap-and-trade limits the amount of air emissions that a facility can discharge into the atmosphere. When a facility emits less than its capped amount, it retains “credits” that can Read More
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Recent Blog Posts
Recent Appellate decision emphasizes the consequences of failing to perform due diligence
By Carolyn Griffin / March 3, 2021
In December 2020, the NJ Appellate Division published a decision emphasizing the importance for purchasers of property use their “due diligence” period to learn as much as possible about the
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New Jersey has ambitious goals for emission reductions
By Stuart Lieberman / March 1, 2021
New Jersey’s Global Warming Response Act (“GWRA”) calls for New Jersey to decrease its greenhouse gas emissions by 80% from their 2006 levels by 2050. In January 2020, Governor Murphy
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San Diego Receives Federal Funding to Fight Mexican Sewage
By Stuart Lieberman / February 23, 2021
San Diego has just received substantial federal funding from the EPA to address a chronic problem: raw sewage coming from Tijuana Mexico. That sewage has been migrating over the border
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New Jersey Supreme Court rules for NJ Transit in insurance claim for damages due to Superstorm Sandy
By Carolyn Griffin / February 22, 2021
A New Jersey Supreme Court opinion issued on January 27, 2021 affirmed an Appellate Division decision in favor of NJ Transit over its insurers. In 2012, when Superstorm Sandy hit
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