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Appellate Division Upholds NJDEP’s Decision Rejecting Sewerage Authority’s Phosphorus Limitation Plans

The New Jersey Appellate Division recently held that the Commissioner of the New Jersey Department of Environmental Protection (NJDEP) properly rejected the findings of an administrative law judge (ALJ) which would have allowed several northern New Jersey sewerage authorities to implement “as needed” treatment programs to limit the phosphorus content of water discharged into state Read More

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The Importance of a Timely Notice of Claims Against Governmental Entities

In Tracey v. Borough of Essex Fells, a case recently decided by the New Jersey Appellate Division, the plaintiff was injured when an off-duty police car nearly struck him while jogging. At the time, Tracey did not believe he was injured, but he did file a police incident report. Two months later, Tracey sought treatment Read More

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New Jersey Appeals Court Finds Christie Administration Illegally Repealed RGGI-Related Climate Regulations

The New Jersey Appellate Division recently held that the state was not permitted to repeal administrative regulations without going through the formal rule making processes of the Administrative Procedures Act (APA), even if the subject regulations are tied to a regional cooperative effort in which the state is no longer participating. In the case, captioned Read More

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Appellate Division Rules in Favor of Defendants in Condo Association Rent Recievership Case

In Woodlake at King’s Grant Condominium Association, Inc. v. Coudriet, the New Jersey Appellate Division addressed the issue of rent receivership in the community association context. Generally, a community association seeks the appointment of a receiver so that it can rent out a vacant unit and use the proceeds to pay overdue assessments, which was Read More

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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

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January 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

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NJ 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

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Firm 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

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NJ 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

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In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • 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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