News
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, […]
learn moreNavigating 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 […]
learn moreUpcoming 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 […]
learn moreInsurance Coverage for PFAS Contamination
When property owners are subject to potential enforcement related to PFAS contamination, can historic insurance policies cover remediation costs?
learn moreSellers 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 […]
learn moreNew Jersey Reaches Historic Settlement with Manufacturer of PFAS or ‘Forever Chemicals’
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 […]
learn moreRegulation of PFAS in New Jersey
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 […]
learn moreWhat is CERCLA and How Does it Affect You?
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 […]
learn moreU.S. Supreme Court Relaxes Restrictions under the Clean Water Act on Development in Wetlands
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 […]
learn moreSmall Firm, Big Results: Why a Boutique Firm is Your Best Option
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 […]
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