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Category Archive
Environmental Litigation
21 - 30 of 56
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New Jersey Voters to Decide Important State Constitutional Amendment concerning the Environment

By | Published November 6, 2017 | Posted in Constitutional Law, Environmental & Natural Resources, Environmental Cleanup Cost Recovery, Spill Compensation and Control Act (Spill Act) | Leave a comment

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

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NJ Federal Court Provides Hope to Insureds Unable to Locate Historic Liability Policies and Coverage

By | Published July 7, 2017 | Posted in Insurance Recovery, Litigation | Leave a comment

In E.M. Sergeant Pulp & Chemical Co., Inc. v. Travelers Indemnity Co., Inc., plaintiff policyholder sought coverage and defense costs for environmental pollution claims under policies allegedly issued by defendant insurer. Civ. No. 12-1741, 2015 WL 9413094 (D.N.J. Jan. 17, 2017).  Plaintiff, a distributor of heavy industrial inorganic chemicals and raw materials, owned property in Read More

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State of New Jersey Not Liable for pre-1977 Hazardous Discharges

By | Published March 28, 2017 | Posted in Environmental Litigation, Industrial Facilities, Litigation, Spill Compensation and Control Act (Spill Act) | Leave a comment

On March 27, 2017, the New Jersey Supreme Court issued a very important decision concerning Spill Act liability in contribution cases.  In the case of NL Industries, Inc. v. State of New Jersey, the Court held that the State is not liable to pay cleanup costs for “pre-Act” discharges, meaning discharges that occurred before the Read More

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Laches to defeat a private party contribution claim under the Spill Act?

By | Published February 23, 2017 | Posted in Environmental Cleanup Cost Recovery, Environmental Issues, Environmental Litigation, Litigation | Leave a comment

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

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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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A draft settlement is not an executable agreement for parties seeking to settle Natural Resource Damage liability under the Spill Act

By | Published February 8, 2017 | Posted in Environmental & Natural Resources, Environmental Litigation | Leave a comment

The Appellate Division recently handed down its decision in Cumberland Farms, Inc. v. New Jersey Department of Environmental Protection, et al., holding that no enforceable settlement existed between the two parties with respect to Natural Resource Damage (“NRD”) claims associated with fifty-four sites. Under the Spill Act, the New Jersey Department of Environmental Protection (“DEP”) Read More

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Appellate Division Sheds Light on Procedural Requirements for Certain Environmental Claims

By | Published August 23, 2016 | Posted in Environmental Cleanup Cost Recovery, Litigation | Leave a comment

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

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The Path(way) to Reinvestigation: MassDEP Revisits Closed TCE Sites

By | Published August 8, 2016 | Posted in Environmental Cleanup Cost Recovery, Hazardous & Contaminated Site Remediation | Leave a comment

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

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Inadmissible: Testifying Expert's Opinion Concerning Non-Testifying Expert

By | Published March 26, 2015 | Posted in Environmental Litigation, Litigation, Toxic Tort & Injury Claims | Tagged Tags: , , , , , , , | Leave a comment

An attorney cross-examining an expert witness during trial already faces a challenging task.  That task may just have become a bit harder in the State of New Jersey.  On March 25, 2015, the Appellate Division released its opinion in James v. Ruiz, ___ N.J. Super. ___ (App. Div. 2015), Docket No. A-36-2-6251, shedding light on Read More

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No Time Limit to Sue for Environmental Cleanup Costs in New Jersey

By | Published January 26, 2015 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Industrial Site Recovery Act (ISRA), Litigation, Site Remediation Reform Act | Tagged Tags: , , , , , , , , , , , | Leave a comment

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

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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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