By Stuart Lieberman | Published December 27, 2012 | Posted in Administrative Law, Appeals, Environmental Litigation, Hazardous & Contaminated Site Remediation, Litigation, New Jersey Department of Environmental Protection (NJDEP), Underground Storage Tanks | Tagged Tags: Environmental Consultants, Environmental Penalties, Environmental Rules and Regulations, Gasoline Spill, Leaking Tanks, Leaking Underground Storage Tanks | Leave a comment
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Category Archive
Appeals
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⟨ Court Does Not Buy The "It's My Consultant's Fault" Argument, Affirms Penalties Against PRP for Sampling Failures
In a recent environmental case decided by the New Jersey Appellate Division, the court upheld a $20,000 penalty assessment against a leading South Jersey fuel oil company for failing to engage in proper sampling after an underground storage tank containing gasoline was found to have leaked. The appeals court was not persuaded by the responsible parties’ “it’s my Read More
Read MoreHomeowner Fails to Conduct Due Diligence; Found Liable for Environmental Cleanup
In a wake-up call for the residential property market, on September 28, 2012, the Appellate Division of the New Jersey Superior Court found that a residential property owner with a leaking underground storage tank that was “closed” before he purchased the property was liable for cleanup costs because he failed to conduct a due diligence Read More
Read MoreNJ Appellate Court Decides Beach Access Case in Sea Bright, NJ
On September 28, 2012, the Appellate Division rendered a decision in Chiesa v. D. Lobi Enterprises, Inc., relying extensively upon the seminal 2005 beach access case, Raleigh Avenue Beach Ass’n v. Atlantis Beach Club, Inc., 185 N.J. 40 (2005), argued by Lieberman Blecher & Sinkevich’s own Stuart Lieberman. Raleigh Avenue Beach Ass’n held that upland Read More
Read MoreNJ Supreme Court Rules On Causation Required In Spill Act Claims
This week, the New Jersey Supreme Court issued a decision in New Jersey Department of Environmental Protection v. Dimant, where the high court was asked to consider the level of causation needed to find a party liable for environmental cleanup costs under the New Jersey Spill Compensation and Control Act. The “Spill Act,” a predecessor Read More
Read MoreNJ Appellate Court Sets New Precedent in Land Use Case, Allowing Beach Property Owners’ Case to Proceed
In Mullen v. The Ippolito Corporation, a recent published decision rendered by the Appellate Division of the New Jersey Superior Court, the owners of a single-family home adjacent to a pre-existing nonconforming motel were allowed to move forward with their action in lieu of a prerogative writ that sought mandamus relief against the Borough of Read More
Read MoreFirm Saves County Recycling Facility from Closure
Lieberman Blecher & Sinkevich was recently retained by a Central New Jersey recycling facility targeted by the County for closure. The County had sought an Order from a Superior Court to shut the facility on the basis that it allegedly posed several environmental risks. In order to prepare for oral argument an Order to Show Read More
Read MoreBorough of Union Beach Prevails in Wind Turbine Appeal
On August 10, 2012, the Appellate Division of the New Jersey Superior Court ruled in favor of a firm client, the Borough of Union Beach, reversing a decision of a Monmouth County trial court from April 2011. The specific issue on appeal in this litigation concerned a December 2010 decision by the Union Beach Planning Read More
Read MoreNJ Appellate Court Limits Reach of Suydam Rule in Condemnation Cases
In the bellwether case of Housing Authority of the City of New Brunswick v. Suydam Investors, L.L.C., 177 N.J. 2 (2003), the New Jersey Supreme Court crafted a Solomon-like rule when it came to valuating environmentally impacted properties in eminent domain proceedings. The “Suydam” rule, as it has come to be known, essentially states that Read More
Read MoreNJ Appellate Court Invalidates NJDEP Decision on Freshwater Wetlands Violations
The New Jersey Appellate Division has reversed several severe penalties assessed under the Freshwater Wetlands Act and several related statutes, which were levied against an owner of historic property in Lebanon and Washington Townships in New Jersey. The case, which was initially heard before the Office of Administrative Law, was appealed after the NJDEP Commissioner Read More
Read MoreNJ Appeals Court Invalidates ISRA Regulation Requiring “Contamination Free” Certifications For Certain Industrial Sites
On Friday, July 6, 2012, the New Jersey Appellate Division invalidated a New Jersey Department of Environmental Protection (“NJDEP”) regulation requiring owners or operators of industrial establishments seeking an ISRA de minimis quantity exemption to certify that the land at issue is “clean,” i.e., free from contamination above specified action levels. This decision, which may Read More
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