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Environmental Litigation
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Proposed Legislation for Larger Retailers to Use Smaller Boxes

John McKeon is proposing new legislation that would fine large online retailers and big box stores for shipping items in boxes that are more than twice the size of the product being shipped. If passed, the fine would range from $200 to $500 for each offense. The idea for his proposed legislation came when John Read More

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Don’t Let a Leaking Heating Oil Tank Ruin Your Life

Every environmental lawyer deals with leaking heating oil homeowner tanks. They are very frightening to homeowners who have never experienced an environmental problem before. Leaking heating oil tanks can cost very little to address, sometimes just several thousand dollars. But we have also seen residential tank cleanups that have cost hundreds of thousands of dollars, Read More

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Appeals Court Allows Strict Liability Claims to Proceed Against Large New Jersey Refinery

For years many New Jersey lawyers understood that the mere storage of petroleum was not an abnormally dangerous activity. That is an important concept because those who engage in abnormally dangerous activities are strictly liable for harm coming from those activities, independent of fault. This is called strict liability and for decades oil companies have Read More

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Environmental Hearing Requests by Third Parties: An Update

In 2010 this author contributed an article discussing the difficulty that anyone other than an applicant had in administratively contesting a permit. Stuart J. Lieberman and Shari M. Blecher, “It’s No Party for Third Parties,” 200 N.J.L.J. 1, 1-2 (2010). Things have not improved. In two recent cases, the Appellate Division made clear that third Read More

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NJDEP new stormwater regulations are in effect

Developers in New Jersey must now meet the State’s new stormwater regulations. New Jersey has had numerous generations of stormwater regulations, some of which have had to be revised following court challenges. Stormwater regulation is the control of rainwater that cannot not be naturally absorbed as a result of new development or disturbances. Poor stormwater Read More

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New Jersey families allege birth defects and severe illnesses due to major chemical companies’ discharges and emissions

Families in New Jersey have filed multiple lawsuits in the District Court of New Jersey alleging that their birth defects and/or illnesses are the result of chemical pollution. Four suits have been filed over the last year and others appear on the horizon. The named major corporate defendants include DuPont, Chemours Arkema, and 3M. The Read More

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Attorney General, Department of Environmental Protection file another round of environmental justice lawsuits

Just last week, Attorney General Grewal and DEP Commissioner LaTourette announced a new slew of environmental justice lawsuits filed with regard to nine different properties across the state. Seven of the nine lawsuits are intended to address pollution in “overburdened communities,” including Secaucus, Edison, and Egg Harbor City. The complaints allege numerous environmental claims, including Read More

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EPA announcing $6 million in environmental justice funding

The United States Environmental Protection Agency (EPA) has announced the availability of up to $6 million in funding this year through two environmental justice programs: Justice Collaborative Problem-Solving (EJCPS) Cooperative Agreement Program and the Environmental Justice Small Grants (EJSG) Program. The EJCPS program enables organizations to partner with other stakeholders such as local governments or Read More

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New Jersey Supreme Court rules for NJ Transit in insurance claim for damages due to Superstorm Sandy

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 the New Jersey coastline, NJ Transit was covered by a $400 million property insurance plan through eleven different insurers. After Sandy damaged large amounts of Read More

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New Jersey’s new Environmental Justice Law seeks to hold emitters accountable and protect overburdened communities

New Jersey lawmakers made history in 2020 by passing novel environmental justice legislation. Known as “New Jersey’s Environmental Justice Law,” the statute seeks to protect communities who have disproportionately borne the burdens of environmental and public health risks due to exposure to pollution emissions and other environmental contaminants. N.J.S.A. § 13:1D-157 et seq. The Law Read More

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Recent Blog Posts

Amended Law Allows Additional Time for Condo Associations to Sue Developers

Governor Phil Murphy signed into law an amendment to the New Jersey Statute of Limitations, which allows more time for condominium and cooperative associations to sue real estate developers in
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Amended Law Allows Additional Time for Condo Associations to Sue Developers

Appellate Division Rejects Property Owner Challenge to Condemnation Designation as Out of Time Under Local Housing Redevelopment Law

A Lindenwold woman was out of time to challenge her property’s condemnation designation when she did not challenge the condemnation until three years after the land use board passed a
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Appellate Division Rejects Property Owner Challenge to Condemnation Designation as Out of Time Under Local Housing Redevelopment Law

Amended Law Allows Additional Time for Condo Associations to Sue Developers

Governor Phil Murphy signed into law an amendment to the New Jersey Statute of Limitations, which allows more time for condominium and cooperative associations to sue real estate developers in
Read More
Amended Law Allows Additional Time for Condo Associations to Sue Developers

Middlesex County Water Contamination

On October 22, 2021, Middlesex Water Company sent a notice to all residents whose homes were supplied by Middlesex Water Company’s Park Avenue Treatment Plant in South Plainfield. Residences in
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Middlesex County Water Contamination

In The Media

  • 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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