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Access Denied: Court Prevents Use of Access Statute to Identify Off-Site Discharger

October 12, 2022

Remediating parties often need to enter onto another’s property to investigate and remediate contamination that has migrated...

No Discharge, New Problem: NJDEP Files Another Spill Act Suit Against Product Manufacturer Who Was Not a Discharger

September 13, 2022

NJDEP continues to assert a novel theory of Spill Act liability in a suit against the manufacturer...

A New Emphasis on MARPOL is a 2023 World Maritime Theme

August 31, 2022

A New Emphasis on MARPOL is a 2023 World Maritime Theme: An example of its environmental impact...

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...

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