New Jersey Law
High Point State Park
High Point State Park
NJ App. Div. Upholds NJDEP Power to Waive Applicability of Rules
The Appellate Division recently handed down its decision in In re N.J.A.C. 7:1B-1.1, et seq., a case upholding the validity of certain rules promulgated by NJDEP which permit it under limited circumstances to waive the applicability of its own rules…USEPA issues New Boiler MACT Regulations
On December 21, 2012, the EPA issued a final set of rules under its Boiler Maximum Achievable Control Technology program (referred to as “Boiler MACT”). These rules set emissions standards and impose maintenance and reporting requirements on the operators of…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…Court rules against defense on motion to protect from ESI disclosure and costs.
In Juster Acquisition Co., LLC. v. North Hudson Sewerage Authority, a recent Federal Court opinion, the Plaintiff scored a victory with respect to the scope of electronic discovery requests as well as which side is responsible to pay for such…Appellate Division affirms dismissal of claim under NJ Law Against Discrimination where plaintiff ignores legal process and discovery requirements.
In Ewa Fik-Rymarkiewicz vs. University of Medicine and Dentistry of New Jersey, et al., a recent unpublished decision of the Appellate Division, the court affirmed the dismissal of plaintiff’s complaint with prejudice due to plaintiff’s continuous failure to supply information…NJ App. Court Confirms Trigger in Construction Claim
This declaratory judgment action was brought against Travelers Property and Casualty Company of America (“Travelers”) seeking a declaration that Travelers provided coverage to a subcontractor that allegedly performed negligent work as part of an extensive home improvement project involving construction…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,…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 …
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