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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 et seq. (OPRA), the public may obtain government records unless otherwise exempted.  Other than the owner of a particular property…
From a cybersecurity and data protection perspective, traveling safely on business or pleasure is not an easy task.  But if you are mindful of what you do, and where you do it, you and your information can travel more securely. Here are ten practical cybersecurity and data protection tips to keep in mind: Devices that you will be working on should be encrypted and up to date with security patches.  Even if your device is…
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.  In the first case, the current property owner plaintiffs brought suit in 2010 solely against two former tenants seeking, inter alia,…
In an unpublished decision, the Appellate Division of the Superior Court of New Jersey recently ruled that the NJDEP was required, but failed, to undertake formal rulemaking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). In Radiation Data, defendant appealed from NJDEP’s final agency decision (after seven days of hearings) finding defendant liable for violating…
NJDEP has proposed major amendments to the Stormwater Management rules at N.J.A.C. 7:8. (50 N.J.R. 2375(a)).  One of those proposed amendments, if adopted, will prevent or severely limit a developer’s ability to incorporate non-structural stormwater management strategies such as stormwater detention basins in a development. Instead, the developer will be required to utilize “green infrastructure” best management practices (“BMPs”).  One of the best definitions of green infrastructure comes from American Rivers:  “Green infrastructure is an…
Last week, the Attorney General and the Commissioner of the New Jersey Department of Environmental Protection held a press conference to announce the filing of eight new environmental enforcement actions. Targeted sites include Camden’s Puchack Wellfield Superfund Site, the Fillit Corp. site in Palmyra, 323 North Olden Ave. in Trenton, the Novick Chemical site in Newark, Tirpok Cleaners in Flemington, and gas stations in Newark, Camden and Phillipsburg. This is the State’s second round of…
The cannabis industry recently survived two lawsuits initiated by private citizens under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). The cases took place in the District of Colorado and the District of Massachusetts, and both saw neighbors of legal cannabis businesses attempt to use RICO as a means of disrupting the cannabis industry. The Colorado lawsuit was brought by plaintiffs Hope and Michael Reilly against cannabis grower Parker Walton. An anti-drug organization called Safe…
On November 21, 2018, the Pennsylvania Supreme Court, the highest ranking state court in Pennsylvania, ruled that an employer had a common law duty to exercise reasonable care to protect employees’ personal data where, as a condition to employment, the employer (i) required employees to provide sensitive data, (ii) the employer chose to store such data, and (iii) the collection and storage of that information by the employer could foreseeably expose the employees to “unreasonable…
In the wake of GDPR and California’s new data privacy law, website privacy policies continue to be a hot topic for the business community. These pieces of legislation, the FTC Act, and various other sectoral and state laws and regulations set forth a myriad of complex rules and guidelines for website privacy policies.  At a minimum: Privacy policies should clearly and concisely state: What information is being collected when a person visits your site…
Inspired by the NJ Cannabis Insider Q&A with Satya Capital’s Nishant Reddy, I sat with Jason Erkes, Chief Communications Officer with Cresco Labs, for a closer look at the company’s New Jersey plans. One of the fastest-growing companies in the cannabis space, Cresco was supported by CSG’s Cannabis Law Group on its application to operate a medical marijuana dispensary in Atlantic City as part of the New Jersey Department of Health’s July 2018