News & Insight

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, […]

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 […]

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 […]

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

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 […]

On June 28, 2023, New Jersey announced a proposed $393 million settlement with Solvay Specialty Polymers, LLC (Solvay), which would require Solvay to remediate per- and polyfluoroalkyl substances (PFAS) contamination, and to compensate the public for natural resource damages resulting from the operations at the West Deptford Solvay facility in Gloucester County. The proposed settlement […]

If your property is currently undergoing remediation, or if you have ongoing maintenance or monitoring obligations associated with remediation being implemented at your property, you could soon be facing a new round of remedial obligations. The investigation and remediation of contaminants of emerging concern (CEC), particularly per- and polyfluoroalkyl substances, or PFAS, may be required […]

The field of environmental law is complex and ever-changing. Whether you own land that is in need of remediation or you want to do your due diligence before a real estate transaction, there are several things you need to be aware of. One of these is CERCLA: this environmental protection act can have big implications […]

On May 25, 2023, the U.S. Supreme Court established a more stringent test to determine when wetlands come under the jurisdiction of the federal Clean Water Act (“CWA”).  In Sackett v. EPA, No. 21-454, 598 U.S. ___ (2023), the Supreme Court held that only those wetlands that adjoin interstate waters may be regulated by the […]

When considering a law firm to represent you, it matters who you choose. Many large firms will advertise that they can do it all because of their size — but this is not always better for the client. In many situations, a smaller, more focused firm may be the right fit. If you’re looking for […]

The firm is pleased to announce Howard P. Davis has been selected to the 2018 Super Lawyers list for the 2nd year in row. Click below to view Mr. Davis’s Super Lawyers profile. Howard P. Davis   The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found […]

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 […]

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 […]

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.

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 […]

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 unconstitutionality of […]