By Carolyn Griffin | Published March 3, 2021 | Posted in Environmental & Natural Resources, New Jersey Environmental Laws | Tagged Tags: Due Diligence, Environmental Due Diligence, Pre purchase title review, Real estate closings in New Jersey | Comments Off on Recent Appellate decision emphasizes the consequences of failing to perform due diligence
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Category Archive
New Jersey Environmental Laws
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
Read MoreNew 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
Read MoreNot 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
Read MoreFederal 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
Read MoreWHEN 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
Read MorePre-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
Read MoreNew 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
Read MoreExtension 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
Read MoreNJDEP Adopts Correction to Air Minor Source Grace Period Determination
On November 18, 2013, the New Jersey Department of Environmental Protection (“NJDEP”) amended the Air Administrative Procedures and Penalties Code, N.J.A.C. 7:27A-3.10(m)16, to change a violation of N.J.A.C. 7:27-16, Control and Prohibition of Air Pollution by Volatile Organic Compounds (VOC) for Vapor Control Systems from a minor violation to a non-minor violation. A gas distributing Read More
Read MoreAppellate Division Holds Municipality Liable for Damages for Failure to Comply with Easement Agreements
The New Jersey Superior Court Appellate Division held in Petrozzi v. Ocean City that beach-front property owners are able to recover damages for the failure of a municipality to comply with easement agreements. At the end of the 1980’s, Ocean City initiated a dune restoration program and acquired easements from property owners in order to Read More
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