I was once asked this by a friend.  “I’d like to buy a vacation home that would stay in my family for several generations.  You’re an environmental lawyer, where can I buy a vacation on or near a Jersey Shore beach that won’t be affected by climate change?”  My answer was simple.  “You probably can’t. 

On April 16, 2020, the Appellate Division of the New Jersey Superior Court, the state’s intermediate appellate court, published three precedential opinions concerning the state’s condemnation of ocean-front property for access and use by the public.  New Jersey, from Sandy Hook to Cape May, has 130 miles of beaches on the Atlantic Ocean.  “Goin’ down

Once again, a recent Appellate Division Panel opinion has environmental lawyers and their clients realizing that the New Jersey Department of Environmental Protection (“DEP”) may collect penalties in the state’s municipal courts.  This time, the case concerned penalties assessed by DEP for failure to follow state site remediation requirements imposed by the Site Remediation and

On March 1, 2019, the National Park Service proposed revisions (FR Document 2019-03658) to the regulations governing the National Register of Historic Places (“National Register”).  The proposal is controversial and has sparked concern within the historic preservation community.

Pursuant to Section 106 of the National Historic Preservation Act, a Federal action that encroaches upon a

On March 25, 2019, the New Jersey Department of Environmental Protection (“DEP”) issued a Statewide PFAS Directive to a number of companies associated with the manufacture of poly- and perfluoroalkyl chemicals (“PFAS” which includes PFNA, PFOA and PFOS and other substances) and their replacement compounds.  Pursuant to the Directive, these companies are to reimburse DEP’s

A Department of Environmental Protection proposed regulation in the December 17, 2018 New Jersey Register, 50 N.J.R. 2480(a), will limit the public’s ability to learn the location of birds and animals “potentially capable of inflicting serious or fatal injuries or being a menace to public health…”  Pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1

The next time a government inspector comes to a business and inspects its dumpster, do not be surprised if the resulting legal problem involves both environmental and consumer fraud actions. During the last few years, a number of national corporations have found themselves in legal trouble because the inspector found both hazardous waste and customer