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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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EPA ROLES BACK FEDERAL WETLANDS PROTECTIONS – AND GETS SUED FOR DOING SO

This past January, the federal government rolled back its protections of wetlands authorized under the United States Clean Water Act. The “Navigable Waters Protection Rule,” effective on June 22, 2020, revises the definition of “waters of the United States,” governing regulated waterways under the federal statute. This move was welcomed by various industry and agricultural Read More

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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

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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

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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U.S. Supreme Court Affirms Army Corps Jurisdictional Determinations as Judicially Reviewable Final Agency Actions

On May 31, 2016, the United States Supreme Court unanimously held in United States Army Corps of Engineers v. Hawkes Co., Inc. that an Army Corps of Engineers jurisdictional determination (“JD”) is a judicially reviewable final agency action under the Administrative Procedure Act (the “APA”). No. 15-290, slip op., 578 U.S. ___ (May 31, 2016). Read More

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Unprecedented Climate Change Case Proceeds in Court

A federal magistrate judge in Eugene, Oregon recently allowed an unprecedented climate change case to proceed in court.  Bill McKibben and Naomi Klein call it the “most important lawsuit on the planet right now.” In Kelsey Cascade Rose Juliana; et al. v. the United States of America; et al., Docket No.6:15-cv-1517-TC (D. Or. Apr. 8, Read More

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New York Court of Appeals Considers Navigability of Adirondack Waterway

In Friends of Thayer Lake LLC v. Brown, 2016 NY Slip Op 03647, the issue recently in front of the Court of Appeals of New York was whether a certain Adirondack waterway is navigable-in-fact, a question that determines whether the public has access to the waterway. Plaintiffs own land in a remote area of the Read More

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EPA Announces National Enforcement Initiatives, effective October 1, 2016

On February 18, 2016, the United States Environmental Protection Agency (EPA) announced its National Enforcement Initiatives for the 2017 to 2019 fiscal years.  Effective October 1, 2016, EPA will keep four current National Enforcement Initiatives, add two new initiatives, and expand on one during the next three years.  Therein, EPA also announced the ending of Read More

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The Dune Abides

In State of New Jersey, Department of Environmental Protection v. City of Margate, Docket No. ATL-L-2295-15 (Law Div.), the Atlantic County Superior Court ruled, among other things, that the municipal defendant (“Margate”) made a sufficient showing of arbitrariness to warrant a hearing on the issue of whether the condemnation action brought by the plaintiff, the Read More

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The New Jersey Beach Access Saga Continues

In a much anticipated decision that came down on Tuesday, December 22, 2015, the Appellate Division of the Superior Court of New Jersey found that the 2012 beach access rules constructed by the Christie Administrative were invalid. The three-judge panel declared the New Jersey Department of Environmental Protection (“DEP”) was not authorized to promulgate the Read More

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Recent Blog Posts

Lead Exposure and Frivolous Litigation

Owners of older residential properties are likely familiar with the legal requirement to provide warnings concerning the existence of lead. Lead exposure, particularly amongst children, can result in severe, even
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Lead Exposure and Frivolous Litigation

New Jersey Supreme Court rules the PLA does not preempt CFA claims by consumers

Now more than ever, consumer protection is important. As a result of the Covid-19 pandemic, we see new products on our shelves, promising safe disinfection for hands and surfaces as
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New Jersey Supreme Court rules the PLA does not preempt CFA claims by consumers

Notices and Appellate Review of a CAFRA Permit

In JSTAR, LLC v. New Jersey Department of Environmental Protection, et al., Docket No. A-1745-18T1, the Appellate Division in an unpublished decision revisited the issues of notice and a review
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Notices and Appellate Review of a CAFRA Permit

Preemption Isn’t Always the Answer: The Superior Court of New Jersey, Camden County Law Division highlights the necessary harmony between State legislation and municipal land use ordinances

On November 20, 2019, the Superior Court of New Jersey, Camden County Law Division, issued an opinion in the matter captioned Lakeview Memorial Park Association v. Burlington County Construction Board
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Preemption Isn’t Always the Answer: The Superior Court of New Jersey, Camden County Law Division highlights the necessary harmony between State legislation and municipal land use ordinances

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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