By Michael C. Kondrla | Published July 7, 2017 | Posted in Environmental Issues, Industrial Site Recovery Act (ISRA), Licensed Site Remediation Professionals (LSRP), Site Remediation Reform Act | Leave a comment
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Category Archive
Hazardous & Contaminated Site Remediation
Further Action Required Despite Issue of No Further Action Letters
Further Action Required Despite Issue of No Further Action Letters In Drytech, Inc. v. State of New Jersey, the plaintiff manufacturer of desiccants appealed a Chancery Division order dismissing its complaint against the New Jersey Department of Environmental Protection (“NJDEP”), in which it sought a declaration that it did not have to comply with the Read More
Read MoreState of New Jersey Not Liable for pre-1977 Hazardous Discharges
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
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 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
Read MoreNJDEP & NJSBA file Amicus Briefs in Spill Act 6-Year Statute of Limitations Case
Recently, both the New Jersey Department of Environmental Protection (NJDEP) and the New Jersey State Bar Association (NJSBA) filed amicus briefs asking the New Jersey Supreme Court to overturn an Appellate Division’s holding that a six-year statute of limitations applies to contribution claims under the New Jersey Spill Compensation and Control Act (“Spill Act”). Morristown Read More
Read MoreFirm Places School District on Notice for Mold Contamination in Elementary Schools
On March 5, 2014, Lieberman Blecher & Sinkevich filed a notice of tort claim on behalf of Stacy Adelizzi, mother of Michael and Maximus Adelizzi, with the Middle Township school district. The family alleges that the elementary schools have been dealing with a mold contamination that has made both children ill. Michael has had to Read More
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