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No Time Limit to Sue for Environmental Cleanup Costs in New Jersey

No Statute of Limitations Applies to Private Spill Act Claims The regulated community breathed a collective sigh of relief when New Jersey’s highest court released its decision today in Morristown Associates v. Grant Oil Co., — NJ — (2015), where it held that the state’s general six-year statute of limitations is not applicable to private “contribution” lawsuits 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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EPA May Add Contaminated New Jersey & New York Sites to Superfund List

On December 11, 2013, the United States Environmental Protection Agency (EPA) added nine contaminated sites to the National Priorities List (NPL) and proposed that an additional eight sites also be added, including sites in New Jersey and New York.  The NPL is a list of contaminated sites throughout the United States managed by the EPA Read More

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Appellate Division Holds Spill Act and ERA Actions May Be Referred to NJDEP Until Site Clean Up Completed

The New Jersey Appellate Division recently held that an action brought under the New Jersey Environmental Rights Act (ERA) to enforce the Spill Compensation and Control Act (Spill Act) may properly be referred to the Department of Environmental Protection (DEP) until the site clean-up is complete. In Meyer v. Constantinou, the owner of a former Read More

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Third Circuit Finds Jurisdiction Over RCRA Claims is Exclusively Federal

On August 6, 2013, a decision by the United States Court of Appeals for the Third Circuit held that the federal district courts hold exclusive jurisdiction over Resource Conservation and Recovery Act (RCRA) claims. In Litgo New Jersey, Inc. v. Commissioner New Jersey Department of Environmental Protection, __ F.3d __ (3d Cir. 2013), the Third Read More

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NJ Appellate Division Rules Spill Act Subject to 6-Year Statute of Limitations

In a decision that may upset decades of environmental remediation litigation in New Jersey, the Appellate Division held recently that the catch-all six-year statute of limitations for damages to property found in N.J.S.A. 2A:14-1 applies to contribution claims under the New Jersey Spill Compensation and Control Act (“Spill Act”). In Morristown Assocs. v. Grant Oil Read More

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Homeowner Fails to Conduct Due Diligence; Found Liable for Environmental Cleanup

In a wake-up call for the residential property market, on September 28, 2012, the Appellate Division of the New Jersey Superior Court  found that a residential property owner with a leaking underground storage tank that was “closed” before he purchased the property was liable for cleanup costs because he failed to conduct a due diligence Read More

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Changes to expect in environmental regulation with the incoming administration

President-elect Joe Biden ran on a platform that highlighted climate change and environmental regulation as national priorities. His plans state the intention to take the necessary steps to decrease our
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Changes to expect in environmental regulation with the incoming administration

NJDEP files Additional Natural Resource Damages claims

The State DEP continues to pursue natural resource damages (called NRD) claims. These are lawsuits where the relief sought is not just a cleanup, which is normally the relief sought
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NJDEP files Additional Natural Resource Damages claims

Landlords: Insurance companies now are denying many Mold Claims

Landlords and other property owners have so much on their plates. They need to worry about increasing utility costs. Taxes are always rising. So are maintenance and repair costs. Then there
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Landlords: Insurance companies now are denying many Mold Claims

Lead Exposure and Frivolous Litigation

Owners of older residential properties are likely familiar with the legal requirement to provide warnings concerning the existence of lead. Lead exposure, particularly amongst children, can result in severe, even
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Lead Exposure and Frivolous Litigation

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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