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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 property they are purchasing. In Garden State Investment v. Township of Brick, plaintiffs were purchasers of tax sale certificates. After paying the overdue taxes and Read More

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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 presented New Jersey’s latest Energy Master Plan (“EMP”) as the roadmap to achieving this goal. The EMP outlines seven strategies the state will use in 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 York and New Jersey lawmakers make attempts to combat increasing recycling problem

New York and New Jersey have recently been making legislative efforts to find a solution to their share of the United States’ increasing recycling problem. In January 2018, China halted imports of most plastics as well as other materials intended to be recycled in Chinese facilities. This has caused a recycling and waste buildup crisis Read More

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Lawsuit filed over Florida’s wetlands delegation

Several environment organizations have filed suit challenging the EPA’s relinquishment of control over wetlands in Florida. Many have criticized the manner in which Florida has historically regulated wetlands alleging that the regulation has been shotty resulting in the destruction of many protected wetlands. Control was relinquished by the federal government during the last month of Read More

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Underground storage tank leaks may lead to development delays and costly clean-ups

Earlier this month, multiple sources reported an oil leak at a redevelopment site in Haddonfield, New Jersey. According to the Borough of Haddonfield’s press release dated January 6, 2021, the New Jersey Department of Environmental Protection (“NJDEP”) conducted a site visit to a property that is currently in the process of redevelopment. The NJDEP informed Read More

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New Jersey Court of Appeals rules in favor of DEP’s ability to create public beach access over private property

In an April 2020 decision of a matter comprised of 63 consolidated cases, the New Jersey Court of Appeals affirmed that the New Jersey Department of Environmental Protection (“NJDEP”) has a right to conduct a regulatory taking of individuals’ private property for certain federally funded projects. State v. 1 Howe St. Bay Head, LLC, 463 Read More

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Changes to expect in environmental regulation with the incoming administration

President-elect Joe Biden ran on a platform that highlighted climate change and environmental regulation as national priorities. His plans state the intention to take the necessary steps to decrease our country’s emissions and in doing so prosecute anti-pollution cases more often and more severely. The team of environmental nominees he has assembled so far seems Read More

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NJDEP files Additional Natural Resource Damages claims

The State DEP continues to pursue natural resource damages (called NRD) claims. These are lawsuits where the relief sought is not just a cleanup, which is normally the relief sought by DEP. Rather in NRD cases, the relief sought includes compensation for injury to or loss of a particular natural resource. This might relate to Read More

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Frequently Asked Questions About New Jersey Natural Resource Damages Cases

For many years, natural resource damages claims represented a fairly insignificant part of the environmental law landscape nationally as well as here in New Jersey. When seeking damages for a contaminated site, the government’s primary priority has been remediation. However, more recently, the government has sought to collect damages for loss of natural resources, as Read More

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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...

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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.

    Read More
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