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New Jersey Department of Environmental Protection (NJDEP)
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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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Wind turbines: The answer my friend is not always blowing in the wind

The Superior Court of New Jersey in Re: Petition of Fisherman’s Atlantic City Windfarm, LLC for the Approval of the State Waters Wind Project and Authorizing Offshore Wind Renewable Energy Certificates, (2015) considered an appeal by Fishermen’s Atlantic City Windfarm, LLC, (FACW) for approval of a wind energy project that would be subsidized by the 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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DEP Proposes New Rules Governing New Jersey LSRPs

The Department of Environmental Protection (DEP) has just proposed new rules that will govern how Licensed Site Remediation Professionals (LSRPs) work, and the standards that apply to their work in the State of New Jersey. The draft regulations were published in the January 5, 2015 New Jersey Register. When adopted, they will be codified as N.J.A.C. Read More

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NJDEP Overreached in Seizing "Rotten Egg" Smelling Fenimore Landfill

Appeals Court Overturns NJDEP Seizure of Fenimore Landfill The Appellate Division of the New Jersey Superior Court concluded that the Fenimore Landfill, owned and operated by Strategic Environmental Partners LLC (SEP), should not have been closed and seized by the New Jersey Department of Environmental Protection (NJDEP) just thirty minutes after a new law was passed Read More

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NJ Supreme Court to Hear Argument in Environmental Spill Case on Oct. 6

NJ High Court to Decide if 6 Year Statute of Limitation Applies to Environmental Cleanup Cost Recovery Claim Under the Spill Act On October 6, 2014, the Supreme Court of New Jersey will be hearing oral argument in Morristown Assoc. v Grant Oil Co., 432 N.J.Super 287 (App. Div. 2013), a case involving the statute Read More

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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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Appellate Division Takes Victory in Wetlands Takings Case from the State

A state appeals court reversed the dismissal of a regulatory takings law suit on April 17th in the case of LH Wagner Realty Corp and Leo H Wagner v. the DEP, Docket Number A-3441-12T4. The procedural history of the case is a bit confusing, but the essence of it concerns the effect of a state Read More

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Court Applies Principles of Penn Central v. New York in Coastal Wetlands Case

In Scot Netherlands, Inc. v. State of New Jersey, the plaintiff owned a 22.87-acre plot of land in Atlantic City that was vacant wetlands except for a rent-producing billboard on the site. In 2007, after owning the property for 30 years, the plaintiff filed an application with New Jersey Department of Environmental Protection (“DEP”) for 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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Recent Blog Posts

Should the Association Pool be Reopened During COVID-19?

As the State of New Jersey slowly recovers from COVID-19, Governor Murphy has begun to reopen the state and relax restrictions on businesses and activities. Under Executive Order 153, outdoor
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Should the Association Pool be Reopened During COVID-19?

Federal Appeals Court Tosses Case by the Waterfront Commission Against the New Jersey Governor

Federal caselaw has long made it clear that states may not be sued in federal court unless they have consented to such suit or unless Congress has narrowly subjected a
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Federal Appeals Court Tosses Case by the Waterfront Commission Against the New Jersey Governor

Supreme court holds that original manufacturers can be liable for asbestos exposure emanating from replacement parts

It is clear that a manufacturer of a product that contains asbestos can be held liable in New Jersey for asbestos related illnesses associated with the use of the asbestos
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Supreme court holds that original manufacturers can be liable for asbestos exposure emanating from replacement parts

New Jersey Defends its Sovereignty after PennEast petitions the Supreme Court

Penneast Pipeline Company is seeking relief from the United States Supreme Court in order to build the Penneast pipeline through the use of federal eminent domain. The pipeline has been
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New Jersey Defends its Sovereignty after PennEast petitions the Supreme Court

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.

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