By Carolyn Griffin | Published June 1, 2021 | Posted in Environmental & Natural Resources, Environmental Cleanup Cost Recovery, Environmental Litigation | Tagged Tags: Can PFAS or PFOS make you sick, Is PFAS or PFOA harmful, PFAS personal injury, PFOA and PFAS personal injury cases filed in NJ, PFOA personal injury, PFOS ans PFAS lawsuits on the rise in New Jersey | Comments Off on New Jersey families allege birth defects and severe illnesses due to major chemical companies’ discharges and emissions
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Category Archive
Environmental Cleanup Cost Recovery
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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
Read MoreNew 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
Read MoreNew Jersey Voters to Decide Important State Constitutional Amendment concerning the Environment
On Tuesday, November 7, 2017, New Jersey voters will be asked to decide on a state constitutional amendment regarding the use of natural resource damages collected by the State in environmental contamination cases. New Jersey has the authority to collect damages for restoration of natural resources under the New Jersey Water Pollution Control Act, N.J.S.A. Read More
Read MoreLaches to defeat a private party contribution claim under the Spill Act?
In 2015, the New Jersey Supreme Court ruled that private party contribution claims under the New Jersey Spill Compensation and Control Act (the “Spill Act”) are not time barred by a statute of limitations. See Morristown Associates v. Grant Oil Co., 220 N.J. 360 (2015). Accordingly, private claims for contribution pursuant to the Spill Act Read More
Read MoreWhen Remediation Goes Wrong: Appellate Division Says Remedial Efforts May Constitute Evidence Spoliation
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
Read MoreAppellate Division Sheds Light on Procedural Requirements for Certain Environmental Claims
A recent Appellate Division case shed some light on certain procedural requirements for environmental claims. In Bradley v. Kovelesky, et al., Docket No.: A-0423-14T4, the claims before the court pertained to an 8.3 acre property in Middletown Township. Lawrence Carton, deceased June 2007, purchased the property January 2006. Carton set out to build a residence Read More
Read MoreThe Path(way) to Reinvestigation: MassDEP Revisits Closed TCE Sites
The Massachusetts Department of Environmental Protection (“MassDEP”) recently proposed to reopen closed waste sites based on available data that suggests levels of trichloroethylene (“TCE”) may exceed current United States Environmental Protection Agency (“EPA”) toxicity values. While the New Jersey Department of Environmental Protection (“NJDEP”) has not yet proposed a similar endeavor, it is worth following Read More
Read MoreNo Time Limit to Sue for Environmental Cleanup Costs in New Jersey
No Statute of Limitations Applies to Private Spill Act Claims The regulated community breathed a collective sigh of relief when New Jersey’s highest court released its decision today in Morristown Associates v. Grant Oil Co., — NJ — (2015), where it held that the state’s general six-year statute of limitations is not applicable to private “contribution” lawsuits Read More
Read MoreOil Company Not Liable to Neighbor for Leaking Underground Tanks
Oil Company Not Liable to Neighbor for Leaking Underground Tanks Gasoline Station Owner Not Liable for Damage to Neighbor Who Did Not Properly Allege Harm A property owner whose investment property was contaminated by a leaking gasoline station next door had his property damage case dismissed because he failed to completely allege all of his Read More
Read MoreNJ Supreme Court to Hear Argument in Environmental Spill Case on Oct. 6
NJ High Court to Decide if 6 Year Statute of Limitation Applies to Environmental Cleanup Cost Recovery Claim Under the Spill Act On October 6, 2014, the Supreme Court of New Jersey will be hearing oral argument in Morristown Assoc. v Grant Oil Co., 432 N.J.Super 287 (App. Div. 2013), a case involving the statute Read More
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New Jersey families allege birth defects and severe illnesses due to major chemical companies’ discharges and emissions
By Carolyn Griffin / June 1, 2021
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
Read More
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