News

Changes to NJDEP Lead Standards for Soil Remediation

In May 2021, the U.S. Environmental Protection Agency (“EPA”) updated its Integrated Environmental Uptake Biokinetic Model for Lead in Children (“IEUBK”) — a predictive tool that estimates blood lead levels in children exposed to lead from various environmental sources such as soil, water, air, dust, and diet. Following this update, the New Jersey Department of Environmental Protection (“NJDEP”) published a notice in March of 2024 announcing that it had revised the state’s soil remediation standard to align with the EPA’s new recommended residential soil lead threshold of 200 mg/kg.

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Understanding Greenwashing

Many consumers prioritize products and services that align with their environmental values, and they are often willing to pay a premium for such items. Growing awareness of environmental and health concerns has led to an increase in advertising and product labeling disclosures intended to influence purchasing decisions. However, not all claims are accurate or defensible. Some are incomplete, misleading, or even outright false.

What is Greenwashing?

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EPA Steps in to Bring Cleaner Waters to the Hackensack River

On September 7, 2022​,​ EPA Deputy Regional Administrator Walter Mugdan, Representative Donald Payne, Jr., and Representative Josh Gottheimer, in conjunction with New Jersey Department of Environmental Protection (NJDEP) Commissioner Shawn M. LaTourette, the Hackensack Riverkeeper Captain Bill Sheehan, and other officials, joined together to announce that EPA is adding the Lower Hackensack River in Bergen and Hudson counties […]

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The Spill Act’s Role in Property Sales and Ownership

If you own property in New Jersey that may be undergoing or in need of environmental remediation or are involved in a real estate transaction, understanding the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. (the “Spill Act”) and interrelated environmental statutes including the New Jersey Brownfield and Contaminated Site Remediation of […]

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The Legacy of Contaminated Property: The Intersection of Environmental and Estate Law

When an estate includes contaminated property, estate lawyers may need the help of qualified, knowledgeable environmental attorneys.

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Standing, Including Representative Standing, in Environmental Cases

A party seeking to assert claims in federal or New Jersey State court needs “standing,” which is more than a desire to affect the outcome of the case. In order to have standing, “a party must present a sufficient stake in the outcome of the litigation, a real adverseness with respect to the subject matter, […]

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Navigating Tax Relief for Owners of Contaminated Properties in New Jersey

This blog was originally published in 2021. It has been updated for relevance and accuracy in 2024. Owners of contaminated property may be able to obtain potential tax relief which could help mitigate the financial strain of conducting remediation. New Jersey courts have long recognized the negative impact environmental contamination has on the fair-market value […]

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Upcoming 2024 Mandatory and Regulatory Deadlines to Complete the Remediation of Contaminated Properties in New Jersey

Our blog regarding Remediation Deadlines was originally published in 2021. It has been supplemented in 2024 for relevance and insights. As we move into 2024, the environmental remediation landscape continues to evolve, presenting both challenges and opportunities for property owners, developers, operators, and other parties responsible for remediating contamination. Many parties conducting cleanups find themselves […]

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Insurance Coverage for PFAS Contamination

When property owners are subject to potential enforcement related to PFAS contamination, can historic insurance policies cover remediation costs?

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Sellers Beware: Even in “As Is” Real Estate Transactions, Sellers Must Disclose Latent Defects

In Battaglia v. Aversa, No. A-3240-21 (App. Div. Sept. 22, 2023) (per curiam), the Appellate Division revisited the duty to disclose set forth in Strawn v. Canuso, 140 N.J. 43 (1995), which holds that the seller of real estate has a duty to disclose “on-site defective conditions if those conditions are known to [to the […]

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Press

Howard Davis Recognized by Super Lawyers for 2024

Davis Environmental Law, PC is pleased to announce Howard P. Davis has been selected to the 2024 Super Lawyers list. Click below to view Mr. Davis’s Super Lawyers profile.       Disclosure: No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process […]

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New Book in Real People’s Guide Series by Anne M. Ronan, Esq.

NEW BOOK in Real People’s Guide Series: Written in clear jargon-free English, by Anne M. Ronan, Esq., Legal Privacy in New York: A Guide to Civil Rights for Non-Lawyers  is the second easy reference book in the Real People’s Guide collection that explains how and when the Federal and State Constitutions allow police and other government […]

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New Book by Anne M. Ronan, Esq.

NEW BOOK: Written in clear jargon-free English, by Anne M. Ronan, Esq., of this office, Legal Privacy Rights in New Jersey: A Guide for Non-Lawyers explains civil rights to help you protect yourself in this complicated society. If you know your legal rights, you can avoid unwanted encounters with the police and discourage overreaching government officials.  But […]

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Howard Davis is a New Jersey Top Lawyer

Mr. Davis’ AV® PREEMINENT rating from Martindale-Hubbell proves him a New Jersey Top Rated Lawyer for 2012. Please see our profile in the July 2012 issue of Inside Jersey – “Best of New Jersey” Top Rated Lawyers, AV® PREEMINENT section.

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Howard Davis is 2012 Top Lawyer

The Law Office of Howard Davis, P.C. is proud to be amongst 2012’s Top Rated Lawyers. By earning an AV® PREEMINENT rating from Martindale-Hubbell, the highest rating possible, Mr. Davis was designated as one of 2012’s select. Please see our profile in the May 2012 issues of The American Lawyer and Corporate Counsel’s – Top Rated […]

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United States Supreme Court Justices Issue Statement in Environmental Warrantless Search Case

In a residential case involving wetlands, we appealed to the United States Supreme Court, asserting that an unconstitutional search and seizure of our client’s property had been made by the State. We successfully obtained an unusual Statement issued by United States Supreme Court Justice Samuel Alito, joined by three other Justices, relating to the Federal […]

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