In a recent unreported decision, NJDEP v Hess Corp, the N.J. Appellate Division held that the N.J.
Spill Act does not subsume the common law claims the NJDEP asserted against the current and former
owners of a property used to…
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 …
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…
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…
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…
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…
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…
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…
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…
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 …