News

$17.5 Million Class Action Settlement

The Superior Court of New Jersey recently granted preliminary approval to a settlement in a class action that Davis Environmental Law prosecuted on behalf of the owners of 427 residential properties in Nutley and Clifton, New Jersey. The case began when we were approached by a homeowner who got notice that the groundwater on his […]

Relief to Parties Facing Mandatory and Regulatory Deadlines to Complete the Remediation of Contaminated Properties in New Jersey in Light of Ongoing COVID-19 Pandemic: NJDEP Extends Deadlines

The New Jersey Department of Environmental Protection (NJDEP) Notice of Rule Waiver/Modification/Suspension provides relief to owners of property and businesses that were facing the looming deadline of May 2021, to complete the remediation of contamination. These owners, operators and remediating parties can breathe a short sigh of relief in light of the NJDEP’s Rule announced […]

Updates from Acting Commissioner of the New Jersey Department of Environmental Protection: Mandatory Remedial Action Deadlines and Roll-out of Environmental Justice Program

On February 1st the Commerce and Industry Association of New Jersey hosted a conversation with the Sean LaTourette, acting commissioner of the NJDEP. Mr. LaTourette provided useful updates on NJDEP programs and priority topics for action. Mr. Grillé and Mr. Davis from Davis Environmental Law attended the meeting. Here are two key takeaways from the […]

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

New Jersey’s history of industrial and commercial innovation and operation had the unintended consequence of causing environmental contamination. Arising from concerns regarding potential impacts to human health and the environment, a body of laws were enacted to address and regulate the cleanup of contamination. The Site Remediation Reform Act and regulations issued by the New […]

Legal Watch on the Environmental, Social and Corporate Governance Movement

Davis Environmental Law is paying close attention to legal trends responding to the increasing popularity of “ESG” investing and reporting; and the effect of “ESG” criteria on consumer behavior. (ESG investing is also known as sustainable, impact, or socially responsible investing.) ESG criteria analyze and measure stewardship of Environmental resources, Social relationships between business organizations and their […]

Appellate Division Affirms Certification of Class Action Brought by Davis Environmental Law

On May 27, 2020, the Appellate Division affirmed the certification of a class action brought by Davis Environmental Law on behalf of over 400 residential property owners whose homes have been affected by groundwater contamination emanating from the former headquarters of Hoffmann-La Roche, Inc. in Nutley and Clifton, New Jersey. Click here to view the […]

NJDEP Proposes Significant Amendments to Remediation Standards

The New Jersey Department of Environmental Protection (“NJDEP”) Site Remediation and Waste Management Program proposed major changes to the Remediation Standards, N.J.A.C. 7:26D, in a comprehensive 273-page proposal, published on April 6, 2020 (the “Proposed Rule”). The State published the full 273-page proposal, along with the Public Notice document with a general overview of the […]

United States Supreme Court finds that CERCLA does not preempt state common law claims related to Superfund sites

On April 20, 2020, in Atlantic Richfield Co. v. Christian, 590 U.S. ____ (2020), the United States Supreme Court found that the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) did not preclude private landowners from bringing common law claims in state court related to Superfund sites. Defendant Atlantic Richfield conceded that CERCLA preserves state law claims for compensatory damages including loss of use and enjoyment of property, diminution of value, incidental and consequential damages, […]

The NJDEP Expands Protection to Nearly 600 Miles of Rivers and Streams

On April 6, 2020, the New Jersey Department of Environmental Protection (“NJDEP”) adopted amendments to the State’s Surface Water Quality Standards (“SWQS”) at N.J.A.C. § 7:9B, enhancing protection to nearly 600 miles of rivers and streams for the first time since 2008 (the “Adopted Rule”). The SWQS provides three tiers to implement antidegradation policies for […]

New Jersey Wind Council Releases Report on Recommendations for Creation of WIND Institute

In the spirit of Earth Day, on April 22, 2020, Governor Murphy’s Wind Council released a report detailing recommendations for the creation of the WIND Institute to serve as the flagship entity in the development of offshore wind in New Jersey and the Northeast and Mid-Atlantic region (the “Report”). Governor Murphy’s Wind Council was established […]