This week, there are two cases before the Supreme Court of the United States that environmental and energy attorneys and other industry stakeholders should be watching closely. The cases cover a broad range of concerns – including the CERCLA statute of limitation, eminent domain, sovereign immunity, and the 11th Amendment – and are as
Environmental Litigation
Appellate Division Affirms Rejection of Experts’ Net Opinion; Dry Cleaners Are Not Abnormally Dangerous
By Michael K. Plumb on
The Appellate Division’s recent unpublished decision in Meyer v. Constantinou (April 16, 2021; Dkt. No. A-1793-18) affirmed the exclusion of an environmental expert report as a net opinion for ignoring key facts without sufficient reason. The decision also affirmed the trial court’s finding that dry cleaners are not abnormally dangerous and therefore not subject to…
As the Pandemic Approaches An End, Beware Of Your Environmental Deadlines
By John G. Valeri Jr. on
With the distribution of vaccines to fight the COVID-19 pandemic underway, New Jersey is starting to see the light at the end of the tunnel. At some point, the public health emergency will end, and the process of government will go back to normal. Businesses and the regulated community, in general, need to start planning…
NJ’s Appellate Division Confirms a Defense to Spill Act Claims
By David J. Mairo on
Posted in Environmental Litigation, Spill Act
In Terranova v. General Electric Pension Trust, a decision approved for publication, the Appellate Division has confirmed that “[j]udicial estoppel is a defense to Spill Act claims for contribution . . .” The matter arises out of two cases involving gasoline released from underground storage tanks (USTs) removed and replaced in or about 2000. …
Appellate Division Invalidates Certain NJDEP Radon Regulations For Failing To Follow Formal Rulemaking Procedures Prescribed By The Administrative Procedure Act
By Michael J. Naughton on
In an unpublished decision, the Appellate Division of the Superior Court of New Jersey recently ruled that the NJDEP was required, but failed, to undertake formal rulemaking before imposing liability under several NJDEP regulations that govern radon measurement and mitigation activities. NJDEP v. Radiation Data, Inc., Docket No. A‑1777‑17T3 (N.J. App. Div. Oct. 9, 2018).…
Obscure Indeed: Missing Underground Storage Tanks Save Plaintiff’s Suit from Dismissal
By Matthew D. Orsini on
Posted in Environmental Litigation, NJDEP
The New Jersey Appellate Division recently ruled that a landowner’s lawsuit against a former attorney and environmental consultant could proceed to the discovery phase. In CCM Properties, LLC, et al. v. Pieper, et al, the plaintiff engaged an environmental consultant to perform a ground penetrating radar survey of a property to determine whether any…
Appellate Division Affirms DEP Enforcement Against Non-Discharging Property Owner
By Michael K. Plumb on
The Appellate Division has affirmed a $66,200 administrative penalty imposed by DEP against the owner of a shopping center constructed atop a closed municipal landfill. The unpublished and non-precedential decision in NJDEP v. Raritan Shopping Center LP found liability based on current ownership of the contaminated site, despite the landowner never discharging hazardous substances and…
Third Circuit Opinion Sets Precedent That Implicates Projects Involving State-Issued Environmental Permits
By John G. Valeri Jr. on
On September 5, 2018, the United States Third Circuit Court of Appeals (“Third Circuit”) rendered a decision that could potentially implicate the NJDEP permitting process in future Natural Gas Act and other federal permitting actions.
In Township of Bordentown, et al. v. FERC, No. 17-3207 (3rd Cir. September 5, 2018), the Third Circuit…