Search Site
Menu
Category Archive
Environmental Cleanup Cost Recovery
1 - 10 of 15
Page 1 of 2

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

Read More

New 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 More

Laches 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 More

When 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 More

Appellate 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 More

The 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 More

No 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 More

Oil 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 More

NJ 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

Read More

NJ Supreme Court: Environmental Litigation Over Cleanup Cost Allocation May Proceed

 Sets New Environmental Law Precedent New Jersey’s highest court has ruled that in private contribution claims arising under the Spill Act, “a party determined to be a discharger and held responsible for the cost of cleanup by the DEP is entitled to bring a contribution claim against other potentially responsible parties before the final tally Read More

Read More
1 - 10 of 15
Page 1 of 2
Our Attorneys

Recent Twitter Posts

  • The Murphy Administration plans to spend $200 million on wind port. https://t.co/Se09U5ZHvy
    4 days ago
  • NJDEP aims to simplify permitting process. https://t.co/UTm92DtrAC
    5 days ago
  • U.S. Supreme Court will hear PennEast Pipeline appeal of New Jersey eminent domain dispute. https://t.co/AqqvTw1QD2
    1 month ago
  • Fishing to be allowed in future wind farm off the coast of Atlantic City. https://t.co/x8vlsXFtcW
    2 months ago

Recent Blog Posts

Recent Appellate decision emphasizes the consequences of failing to perform due diligence

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
Read More
Recent Appellate decision emphasizes the consequences of failing to perform due diligence

New Jersey has ambitious goals for emission reductions

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
Read More
New Jersey has ambitious goals for emission reductions

San Diego Receives Federal Funding to Fight Mexican Sewage

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
Read More
San Diego Receives Federal Funding to Fight Mexican Sewage

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

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...

    Read More
  • 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 ...

    Read More
  • 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.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form