Litigation

Recent Third Circuit Decisions Help Define Contours of CERCLA Liability

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

The ExxonMobil NRD Settlement: Beyond the Headlines

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

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

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

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

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

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

CERCLA Arranger Liability Requires Knowledge Waste Is Hazardous, New York District Court Says

In Town of Islip v. Datre, --- F. Supp. 3d ----, 2017 WL 1157188 (E.D.N.Y. Mar. 28,...

Coming of Age for Spill Act Liability: The State Is Not Considered a “Person” with Liability until after 1977

Last month the New Jersey Supreme Court held that the State of New Jersey does not have...

NJDEP to Expand Site Remediation Municipal Ticketing Initiative

The New Jersey Department of Environmental Protection (“NJDEP” or the “Department”) Site Remediation Program (“SRP”) has been...

Bad Tanks Make Bad Neighbors: Appellate Division Approves Equitable Sharing of Costs to Investigate Underground Storage Tank Leak at Condominium

In a recent decision, the Appellate Division upheld a Chancery Division injunction ordering five neighboring condominium owners...

Appellate Court Finds Responsible Party Cannot Rely Upon Previous NFA Letters for Current ISRA Compliance

The New Jersey Appellate Court recently found that a responsible party cannot rely solely upon previously issued...