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Category Archive
Environmental Issues
31 - 40 of 57
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When Remediation Goes Wrong: Appellate Division Says Remedial Efforts May Constitute Evidence Spoliation

By | Published February 16, 2017 | Posted in Environmental Cleanup Cost Recovery, Environmental Issues, Environmental Litigation, Litigation, Spill Compensation and Control Act (Spill Act) | Leave a comment

In 18-01 Pollitt Drive, LLC v. Engel, the Appellate Division held that the discard of piping, a sump pit, and concrete flooring during remediation constitutes spoliation of material, physical evidence. Docket No. A-4833-13T3 (App. Div. Oct. 31, 2016).  Spoliation of evidence occurs when a litigant has “hidden, destroyed, or lost relevant evidence and thereby impaired Read More

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New EPA Rule Increases Civil Monetary Penalties in the Name of Inflation

By | Published November 11, 2016 | Posted in Environmental Issues, Federal Environmental Law | Leave a comment

Civil penalties, including those levied by the United States Environmental Protection Agency (“EPA”) under statutes such as the Clean Air Act (“CAA”) and Resource Conservation and Recovery Act, dramatically increased on August 1, 2016.  Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the “Inflation Improvement Act”), federal agencies are required Read More

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U.S. Supreme Court Affirms Army Corps Jurisdictional Determinations as Judicially Reviewable Final Agency Actions

By | Published August 3, 2016 | Posted in Administrative Law, Environmental & Natural Resources, Environmental Issues, Wetlands | Leave a comment

On May 31, 2016, the United States Supreme Court unanimously held in United States Army Corps of Engineers v. Hawkes Co., Inc. that an Army Corps of Engineers jurisdictional determination (“JD”) is a judicially reviewable final agency action under the Administrative Procedure Act (the “APA”). No. 15-290, slip op., 578 U.S. ___ (May 31, 2016). Read More

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The Dune Abides

By | Published January 11, 2016 | Posted in Environmental & Natural Resources, Environmental Issues | Leave a comment

In State of New Jersey, Department of Environmental Protection v. City of Margate, Docket No. ATL-L-2295-15 (Law Div.), the Atlantic County Superior Court ruled, among other things, that the municipal defendant (“Margate”) made a sufficient showing of arbitrariness to warrant a hearing on the issue of whether the condemnation action brought by the plaintiff, 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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City of Vineland Determined to Learn Truth of Potential Contamination at Public Park

By | Published August 20, 2014 | Posted in Environmental Issues, Hazardous & Contaminated Site Remediation, Superfund (CERCLA) | Tagged Tags: , , , , | Leave a comment

The City of Vineland is seeking to get to the bottom of the severity of the potential contamination of heavy metals in and around the Burnt Mill Pond. It is evident that a contamination from an upstream Superfund site in Newfield has been affecting the pond downstream. The Federal Environmental Protection Agency (EPA) has declined Read More

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Appellate Division Upholds NJDEP’s Decision Rejecting Sewerage Authority’s Phosphorus Limitation Plans

By | Published May 23, 2014 | Posted in Administrative Law, Environmental & Natural Resources, Environmental Issues, New Jersey Department of Environmental Protection (NJDEP) | Tagged Tags: , , , , | Leave a comment

The New Jersey Appellate Division recently held that the Commissioner of the New Jersey Department of Environmental Protection (NJDEP) properly rejected the findings of an administrative law judge (ALJ) which would have allowed several northern New Jersey sewerage authorities to implement “as needed” treatment programs to limit the phosphorus content of water discharged into state Read More

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New Jersey Appeals Court Finds Christie Administration Illegally Repealed RGGI-Related Climate Regulations

By | Published April 3, 2014 | Posted in Appeals, Climate Change, Environmental Issues, Litigation, New Jersey Department of Environmental Protection (NJDEP), New Jersey Environmental Laws | Tagged Tags: , , , , , | Leave a comment

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

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L&B Reflects on the Legacy of Environmental Activist Jane Tousman

By | Published March 28, 2014 | Posted in Citizen Groups, Development, Environmental Issues, Land Use, Planning, Wetlands, Zoning | Tagged Tags: , , , , , , , , , , | Leave a comment

Jane Tousman, a New Jersey environmental activist who made great strides in wetlands preservation in Edison, passed away on Saturday, March 22, 2014 at the age of 77 due to complications of a stroke. Jane dedicated much of her life to the battle for land preservation. Jane was known to be relentless and prepared; she Read More

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January is Radon Awareness & Action Month

By | Published January 27, 2014 | Posted in Class Actions, Environmental Issues, New Jersey Department of Environmental Protection (NJDEP), Toxic Tort & Injury Claims | Tagged Tags: , , , , , , , | Leave a comment

Radon is a colorless and odorless gas.  Radon is naturally occurring. It comes from the radioactive breakdown of uranium in soil, rock and water and enters both the outdoor and indoor air. Radon is found all over the United States, including in New Jersey, New York and Pennsylvania.  Radon can be measured through testing. Radon Read More

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31 - 40 of 57
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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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