New Jersey Law

The Old Red Mill in Clinton

NJ Supreme Court Rules No Statute of Limitations for Private Cost Recovery Actions Under the NJ Spill Act.

In Morristown Associates v. Grant Oil Co., an eagerly anticipated ruling, the New Jersey Supreme Court clarified a critically important and much debated issue as to whether private cost recovery claims under the New Jersey Spill Compensation and Control …




N.J. App. Div. Holds that the Spill Act has a 6 Year Statute of Limitation in Private Cost Recovery Actions

On August 23, 2013, the Appellate Division handed down its decision in Morristown Associates v. Grant Oil Co. Plaintiff in that case, the owner of a shopping center in Morristown, brought claims against prior owners of a dry cleaning business…


NJ App. Div. addresses exemption under the Highlands Act for grandfathered approvals.

In a recent decision, Intellect Real Estate Development v. NJDEP, the Appellate Division addressed a provision of the Highlands Water Protection and Planning Act which provides an exemption for permits gaining certain approvals before a specified date. Intellect Real Estate…


NJ Appeals Court addresses permits for combined sewer overflows.

The Appellate Division recently handed down an opinion in In re Petition to Revoke Statewide General CSO Permit. In that case, a group of private environmental watchdog groups brought suit to force the NJDEP to cancel certain Combined Sewer Overflow…


NJ District Court Opens CERCLA Consent Decree and Agreement with Insurers For Neighbors Who Were Not Involved in Initial Actions and Settlement

In recent N.J. Federal Court decision, US v. South Jersey Clothing Co, et. al, the District of New Jersey addressed a scenario to decide whether a decade-old consent decree and settlement between responsible parties and their insurers should be reopened…


NJ App. Div. Affirms Dismissal of Spill Act Cost Recovery Action Based Upon NJDEP Primary Jurisdiction

On November 15, 2013, in an unreported decision, the N.J. App. Div. affirmed the dismissal of a private costs recovery action under the Spill Act on the basis of the primary jurisdiction of the NJDEP. This case, Meyer v. Constantinou


EPA Approves Amendments Regarding “All Appropriate Inquiry” for Protection of Purchasers of Property from CERCLA Liability

On December 30, 2013, the USEPA amended the Standards and Practices for All Appropriate Inquiry Rule (“AAI”) which addresses the manner by which a prospective purchaser can assess the environmental conditions of a property in order to receive liability protections…


US Supreme Court to Decide Whether CERCLA Limitations Provisions Preempt State Law Statutes of Repose

On January 10, 2014, the United States Supreme Court granted certiorari in CTS Corporation v. Waldburger, a case involving an issue which has divided courts as to the effect on state statutes of repose of CERCLA’s preemptive federal provision…


Environmental Case Summaries- 2012

The following are summaries of selected environmental decisions from 2012 focusingon New Jersey decisions, with some cases addressing other issues on a federal level.

New Jersey Spill Act

In NJDEP v. Dimant, 212 N.J. 153 (2012) the New Jersey Supreme




Courts Define Limits of EPA’s Control of Storm Water under Clean Water Act

Recent decisions U.S. District Court in the Eastern District of Virginia and the U.S. Supreme Court define the limits of the extent to which authorities can control discharges of storm water under the Clean Water Act (CWA). On January 3,…