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Read MoreNew Jersey Appeals Court Finds Christie Administration Illegally Repealed RGGI-Related Climate Regulations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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Lead Exposure and Frivolous Litigation
By Brittany W. DeBord / September 23, 2020
Owners of older residential properties are likely familiar with the legal requirement to provide warnings concerning the existence of lead. Lead exposure, particularly amongst children, can result in severe, even
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New Jersey Supreme Court rules the PLA does not preempt CFA claims by consumers
By Brittany W. DeBord / September 14, 2020
Now more than ever, consumer protection is important. As a result of the Covid-19 pandemic, we see new products on our shelves, promising safe disinfection for hands and surfaces as
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Notices and Appellate Review of a CAFRA Permit
By C. Michael Gan / July 30, 2020
In JSTAR, LLC v. New Jersey Department of Environmental Protection, et al., Docket No. A-1745-18T1, the Appellate Division in an unpublished decision revisited the issues of notice and a review
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Preemption Isn’t Always the Answer: The Superior Court of New Jersey, Camden County Law Division highlights the necessary harmony between State legislation and municipal land use ordinances
By Michael Camastra / July 8, 2020
On November 20, 2019, the Superior Court of New Jersey, Camden County Law Division, issued an opinion in the matter captioned Lakeview Memorial Park Association v. Burlington County Construction Board
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