By Stuart Lieberman | Published April 1, 2014 | Posted in Hazardous & Contaminated Site Remediation, Litigation, New Jersey Department of Environmental Protection (NJDEP) | Tagged Tags: amicus briefs, New Jersey Appellate Division, NJDEP, NJSBA, Spill Compensation and Control Act, Statute of Limitations | Leave a comment
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Category Archive
Litigation
NJDEP & 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 MoreJanuary is Radon Awareness & Action Month
Radon is a colorless and odorless gas. Radon is naturally occurring. It comes from the radioactive breakdown of uranium in soil, rock and water and enters both the outdoor and indoor air. Radon is found all over the United States, including in New Jersey, New York and Pennsylvania. Radon can be measured through testing. Radon Read More
Read MoreNJ Appellate Division Addresses Spoliation of Evidence in Recent Decision
Recently, the New Jersey Appellate Division in Liberty Mutual Insurance Company, et al. v. Viking Industrial Security, et al. addressed the issue of spoliation. The case involved a workers compensation insurance fraud. Coverage premiums are based upon payroll, and for several years Viking reported payroll numbers far below what they actually were to their carrier, Read More
Read MoreFirm Files Civil Suit Against Gas & Energy Company On Behalf of Edison Residents with Contaminated Property
Edison residents sue Chevron for alleged contaminationBy Jack Murtha General Media Newspapers (January 17, 2014) EDISON — Several residents have filed a civil lawsuit against Chevron Corp. for damages that allegedly stemmed from the company’s discharge of hazardous materials, which are said to have contaminated several properties off New York Boulevard. “This case is not Read More
Read MoreNJ Supreme Court Judge Rules Two-Step Process Required for Eminent Domain Zoning Changes
In a recent New Jersey Supreme Court decision entitled Borough of Saddle River v. 66 East Allendale, LLC the Court addressed whether “it was proper to allow the jury to hear evidence on the likelihood of a zoning change without the trial court first determining outside of the jury’s presence that there was a reasonable Read More
Read MoreThird Circuit Finds Jurisdiction Over RCRA Claims is Exclusively Federal
On August 6, 2013, a decision by the United States Court of Appeals for the Third Circuit held that the federal district courts hold exclusive jurisdiction over Resource Conservation and Recovery Act (RCRA) claims. In Litgo New Jersey, Inc. v. Commissioner New Jersey Department of Environmental Protection, __ F.3d __ (3d Cir. 2013), the Third Read More
Read MoreNJ Supreme Court Case Alters Insurance Coverage Allocations in Environmental Claims
On September 24, 2013, the New Jersey Supreme Court handed down an important insurance case in Farmers Mutual Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass’n, ____ N.J. ____ (2013) that could change the way that insurance coverage is allocated for environmental claims when dealing with an insolvent insurance carrier. In Read More
Read MoreSupreme Court Rules Victory Under CFA Does Not Guarantee Award of Attorney Fees
The New Jersey Supreme Court recently ruled in Perez v. Professionally Green, LLC, et al. that a prevailing Plaintiff is not entitled to receive an award of attorney fees under the Consumer Fraud Act (CFA) if they cannot prove an ascertainable loss relating to the violation. It was a decision that slightly weakened New Jersey’s Read More
Read MoreL&B Helps Nonprofit Resolve Stormwater Management Violations
Save Hamilton Open Space, a nonprofit organization dedicated to preserving undeveloped land in Hamilton, New Jersey, filed a lawsuit against the township last month. The organization is suing the township over a years-long violation of the Stormwater Management Act occurring in a residential sub-development known as Christopher Estates. The Estates were developed using a poorly Read More
Read MoreL&B Helps to Protect Lake Hopatcong, Ensure Public Access & Protect Property Rights
Our legal team at Lieberman Blecher & Sinkevich recently filed a lawsuit and order to show cause on behalf of a landowner on Lake Hopatcong against the New Jersey Department of Environmental Protection (NJDEP) and Hopatcong State Park’s proposed drawdown of Lake Hopatcong’s water, scheduled to commence on September 22, 2013. The proposed drawdown would Read More
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