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Manufacturers Who Sold Hazardous Substances to a Discharger Could Face Spill Act Liability

May 4, 2022

In the decades since its adoption in the 1970s, the New Jersey Spill Compensation and Control Act...

Property Owner Forced to Accept Deed Notice by Good-Faith Remediator?

February 7, 2022

What happens when a property owner refuses to consent to a deed notice to address historic fill...

NJDEP’s Common Law Natural Resource Damage Claims Are “Back in Business” Once Again as Defendants Now May Face Jury Trials

June 25, 2020

In August 2018, the New Jersey Department of Environmental Protection (“NJDEP”) declared that environmental enforcement was “back...

NJDEP Continues Environmental Justice Enforcement Efforts with Six New Lawsuits

November 19, 2019

At an October 25th press conference, New Jersey Attorney General Gurbir Grewal and New Jersey Department of...

New Jersey Court Finds Prior Ownership of Property Alone Does Not Trigger Environmental Liability

November 14, 2019

A person who previously owned contaminated real property is not liable for investigation and remediation costs solely...

Recent Third Circuit Decisions Help Define Contours of CERCLA Liability

January 7, 2019

The United States Court of Appeals for the Third Circuit recently handed down two noteworthy decisions on...

The ExxonMobil NRD Settlement: Beyond the Headlines

June 29, 2018

The litigation between the State of New Jersey and ExxonMobil over natural resource damages allegedly caused by...

New Jersey’s Environmental and Energy Future Under Governor Phil Murphy

March 1, 2018

New Jersey’s environmental and energy policies are headed in a precise, new direction under Governor Phil Murphy. ...

WOTUS Rule Remains Uncertain Even After U.S. Supreme Court Ruling

February 21, 2018

During the Obama Administration, the United States Environmental Protection Agency (“USEPA”) revised the Clean Water Act definition...

Court Rules that Gas Station Defendants are not Off the Hook for “Primary Restoration” Natural Resource Damages

December 6, 2017

In a case before the United States District Court for the District of New Jersey, the New...

Beware of Contractual Statutes of Limitation Affecting Claims for Deficient Environmental Services

November 20, 2017

The Appellate Division of the Superior Court of New Jersey recently upheld a provision in an environmental...

Putting Substance Over Legal Form, Court Finds Property Owner Eligible for Innocent Party Grant

October 4, 2017

In September, the Appellate Division determined that the current corporate owner of property qualified for an innocent...

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