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Changes to Phase I Environmental Site Assessment standards may change federal environmental due diligence requirements.

At both the state and federal levels, purchasers of commercial property are required to perform certain environmental investigations in order to shield themselves from liability for contamination found after the purchase. This process is known as “environmental due diligence.” Under the federal Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as “CERCLA,” the industry Read More

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New Jersey DEP takes a “green” approach to stormwater management

The New Jersey Department of Environmental Protection (DEP) is taking a green approach to managing stormwater runoff in 2021. According to a DEP Press Release, as of March 2, New Jersey’s stormwater regulations aim to make “green infrastructure” the “preferred and predominate method of managing stormwater.” As categorized by the DEP, “green infrastructure” refers to Read More

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Recent Appellate decision emphasizes the consequences of failing to perform due diligence

In December 2020, the NJ Appellate Division published a decision emphasizing the importance for purchasers of property use their “due diligence” period to learn as much as possible about the property they are purchasing. In Garden State Investment v. Township of Brick, plaintiffs were purchasers of tax sale certificates. After paying the overdue taxes and Read More

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New Jersey has ambitious goals for emission reductions

New Jersey’s Global Warming Response Act (“GWRA”) calls for New Jersey to decrease its greenhouse gas emissions by 80% from their 2006 levels by 2050. In January 2020, Governor Murphy presented New Jersey’s latest Energy Master Plan (“EMP”) as the roadmap to achieving this goal. The EMP outlines seven strategies the state will use in Read More

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Not in my backyard – cell tower oppositions are becoming increasingly common across New Jersey

In recent years across the state of New Jersey, residents have attempted to persuade their municipal zoning, planning, and land use boards to block new cell towers and cell tower additions. Despite their best efforts, on appeals of these board decisions, New Jersey courts have tended to side with those proposing to create the structures. Read More

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Federal and State Agencies’ Enforcement Responses to the COVID-19 Pandemic

COVID-19 has undoubtedly shocked society and has currently brought life as most Americans know it to a screeching halt. What many Americans fear is that during these trying times, their obligations, whether it be financial or statutorily required, will continue to exist despite non-essential businesses being ordered to close and many people losing their jobs Read More

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WHEN PURCHASING CONTAMINATED PROPERTY, CAVEAT EMPTOR SAYS THE APPELLATE DIVISION

At the end of July the Appellate Division handed down a decision recognizing significant leeway and discretion to the New Jersey Department of Environmental Protection (“NJDEP” or “the Department”) under the Industrial Site Recovery Act, N.J.S.A. 13:1K-6 through -18 (“ISRA”). In CD&L Realty, LLC v. New Jersey Department of Environmental Protection, Docket No. A-4066-13T3 (App. Read More

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Pre-emption of solid waste regulation in NJ can be a real problem for local officials

The Superior Court of New Jersey in Gary Walker d/b/a Omega Material Recovery v. Board of Chosen Freeholders of the County of Burlington, (2015) considered an appeal to amend the Burlington County District Solid Waste Management Plan (the District Plan) in order to approve a site for a solid waste transfer station and material recovery 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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Extension of Extensions: Deadline to Apply for Extension of Remedial Investigation Deadline Postponed

The May 7, 2014 Remedial Investigation Deadline Under New Jersey’s Site Remediation Reform Act The Site Remediation Reform Act (“SRRA”), N.J.S.A. 58:10C-1 et seq., requires that the New Jersey Department of Environmental Protection undertake direct oversight of a remediation of certain contaminated sites when the person responsible for conducting the remediation fails to complete the Read More

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Recent Blog Posts

Environmental remediation timeframes extended again in February 2021 due to COVID-19

Throughout the COVID-19 public health emergency, keeping up with deadlines and time frames has been a difficult task for many. The State of New Jersey as well as the New
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Environmental remediation timeframes extended again in February 2021 due to COVID-19

New Jersey Courts Make it Easier for Commercial Landlords to Change the Locks and for Lenders to Foreclose

The COVID pandemic began in March of 2020 and placed many individuals, businesses and mortgage lenders in circumstances which seemingly only ever existed in their wildest dreams. Among those impacted
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New Jersey Courts Make it Easier for Commercial Landlords to Change the Locks and for Lenders to Foreclose

Changes to Phase I Environmental Site Assessment standards may change federal environmental due diligence requirements.

At both the state and federal levels, purchasers of commercial property are required to perform certain environmental investigations in order to shield themselves from liability for contamination found after the
Read More
Changes to Phase I Environmental Site Assessment standards may change federal environmental due diligence requirements.

Appeals Court Critical of Law Firm’s “Scorched Earth” Collected Tactics in Landlord Tenant Case

Law firms hired by landlords in collection actions against tenants can be liable to pay the tenant both statutory penalties and attorneys fees if they use improper collection practices. That’s
Read More
Appeals Court Critical of Law Firm’s “Scorched Earth” Collected Tactics in Landlord Tenant Case

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.

    Read More
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