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NJDEP
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No Standing Room: Third Parties Left Out in the Cold From NJDEP Adjudicatory Hearings

By | Published October 22, 2025 | Posted in Environmental Law | Tagged Tags: , , , , , , , , | Comments Off on No Standing Room: Third Parties Left Out in the Cold From NJDEP Adjudicatory Hearings

On September 25, 2025, the New Jersey Appellate Division issued a sharp reminder of just how narrow the path is for third parties seeking adjudicatory hearings in environmental agency actions. In In re Request for Adjudicatory Hearing on Action of Tidelands Resource Council, No. A-2198-23, the court affirmed the New Jersey Department of Environmental Protection’s Read More

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Appellate Division Affirms Summary Dispossession of Social Club In Favor of Coastal Protection

By | Published October 16, 2025 | Posted in Uncategorized | Tagged Tags: , , | Comments Off on Appellate Division Affirms Summary Dispossession of Social Club In Favor of Coastal Protection

Despite over 50 years of ownership and use as a social club, Sunset Beach Sportsmen’s Club, Inc., (the “Club”) located on Sunset and Higbee’s Beach in Cape May County, was recently dispossessed of the land. On June 15, 2022, the NJ Department of Environmental Protection (DEP) filed a summary dispossess action in Superior Court. Prior Read More

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THE NJDEP’S UNILATERAL WITHDRAWAL OF A RIP WAIVER UNDER ISRA FOUND TO BE CONSTITUTIONAL; RECIPIENT NOT ENTITLED TO ADJUDICATORY HEARING

By | Published February 27, 2024 | Posted in Uncategorized | Tagged Tags: , , , , , , , , | Comments Off on THE NJDEP’S UNILATERAL WITHDRAWAL OF A RIP WAIVER UNDER ISRA FOUND TO BE CONSTITUTIONAL; RECIPIENT NOT ENTITLED TO ADJUDICATORY HEARING

On February 5, 2024, the Appellate Division issued is decision In Re Appeal Of The New Jersey Department Of Environmental Protection’s September 6, 2022 Denial Of Request For Adjudicatory Hearing Under N.J.A.C. 7:26c-9.10, Dated May 12, 2022, Concerning The Department’s April 20, 2022 Notice Of Remediation In Progress Waiver Rescission. The question at issue was Read More

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

By | Published May 23, 2014 | Posted in Administrative Law, Environmental & Natural Resources, Environmental Issues, New Jersey Department of Environmental Protection (NJDEP) | Tagged Tags: , , , , | Leave a comment

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

By | Published April 23, 2014 | Posted in Development, Environmental Litigation, Land Use, New Jersey Department of Environmental Protection (NJDEP), Redevelopment, Wetlands | Tagged Tags: , , , | Leave a comment

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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NJDEP & NJSBA file Amicus Briefs in Spill Act 6-Year Statute of Limitations Case

By | Published April 1, 2014 | Posted in Hazardous & Contaminated Site Remediation, Litigation, New Jersey Department of Environmental Protection (NJDEP) | Tagged Tags: , , , , , | Leave a comment

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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Extension of Extensions: Deadline to Apply for Extension of Remedial Investigation Deadline Postponed

By | Published March 7, 2014 | Posted in Brownfields, Hazardous & Contaminated Site Remediation, Industrial Site Recovery Act (ISRA), Licensed Site Remediation Professionals (LSRP), New Jersey Department of Environmental Protection (NJDEP), New Jersey Environmental Laws, Site Remediation Reform Act | Tagged Tags: , , , , , , | Leave a comment

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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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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