Litigation

New Jersey Appellate Division Holds Environmental Escrow in Condemnation Cases Set at Cost of Remediation to Achieve Highest and Best Use

In New Jersey, governmental entities with the power of condemnation have long battled with owners of real...

Equity Prevails Over Technicality: NJ Court Finds Defense of Laches Bars Spill Act Claim

A New Jersey trial court recently determined that the equitable defense of laches can bar a private-party...

Think Before You Dispose of That Corroded Pipe – It May Be Evidence Necessary to Pursue Future Claims

In a cautionary tale for all parties remediating contaminated sites who may want to pursue recovery of...

New York Extends Statute of Limitations for Superfund Site Tort Claims

The New York State Legislature recently passed a law allowing plaintiffs to pursue “personal damages” for injuries...

Current Owner Is Not Liable Under CERCLA For Cleanup Costs Incurred Prior to Ownership

In a recent case, Commonwealth of Pennsylvania Department of Environmental Protection v. Trainer Custom Chemical, ---- F....

NY and NJ Courts Split on Whether Policyholders Should Share in Allocation When Insurance Is Not Available

In our August 10th blog entry, we reported on the New Jersey Appellate Division’s recent decision that...

Dirty Dirt or Clean Fill – Absent Proof It’s Dirty, New Jersey Court Says No Liability for Disposal of Clean Fill

In recent years, the New Jersey Department of Environmental Protection (“NJDEP”) has focused on addressing the improper...

Appellate Division Revives Environmental Rights Act Claims to Compel Cleanup of Contaminated Sites—For Now

On August 15th, the Appellate Division permitted the owner of contaminated property to assert a claim under...

NJ Court Finds Another Piece of the Insurance Allocation Puzzle

Under New Jersey insurance law, many of the coverage issues arising under comprehensive general liability (“CGL”) policies...

Supreme Court of New Jersey to Decide Power of Private Parties to Compel Cleanups

The Supreme Court of New Jersey will soon decide whether private parties who have not incurred any...