Earlier this week, the New Jersey Supreme Court clarified in NL Industries, Inc. v. State of New Jersey, (A-44-15) (March 27, 2017), that the State of New Jersey retains its sovereign immunity under the New Jersey Spill Compensation and Control
Environmental Law
The Environmental Law blog published by Cole Schotz P.C. covers legal developments and regulatory updates related to environmental compliance, remediation, and sustainability. It addresses topics such as soil and groundwater contamination, state and federal environmental regulations, licensing requirements for waste and soil recycling, carbon sequestration strategies, and infrastructure funding impacting environmental projects. The blog also discusses litigation and transactional issues involving environmental liabilities, permitting, and enforcement actions. It serves as a resource for businesses, developers, environmental consultants, and legal professionals navigating environmental laws and policies, particularly in jurisdictions like New Jersey and New York.
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Wash Those Sediments Right Outta Your RAO! NJDEP Releases New RAO Notice
By Emily Lamond
Last week, the New Jersey Department of Environmental Protection (NJDEP) announced a new Response Action Outcome (RAO) Notice, which allows Licensed Site Remediation Professionals (LSRPs) to issue an RAO for a site with contaminated sediment that migrated from an off-site…
Spoliator Alert! Discarding Your Pipes, Sumps and Slabs Can Cost You
The New Jersey Appellate Court recently upheld a spoliation claim against a plaintiff company that sued prior owners for violations of New Jersey’s Spill Compensation and Control Act and common law claims of nuisance and negligence.
In 18-01 Pollit Drive…
Court “Un-Laches” Backdoor Defense to Spill Act?
After the NJ Supreme Court Finally Closed the Door on The Statute of Limitations Defense To NJ Spill Act Contribution Claims, Laches Emerges as a Possible Backdoor Defense.
The Bergen County Superior Court issued a surprise decision this month in…
WE ARE JUST GETTING STARTED: EPA Issues Much Anticipated Cleanup Plan for the Lower 8.3 Miles of the Lower Passaic River
The United States Environmental Protection Agency (“EPA”) recently issued the Record of Decision (“ROD”) for the lower 8.3 miles of the Lower Passaic River, which sets forth EPA’s $1.38 billion remedy. Potentially Responsible Parties (“PRPs”) will be interested…
“Better Late Than Never” Doesn’t Work for Claims Made Policies
The New Jersey Supreme Court recently held that an insurance company was not required to show it was prejudiced by an insured’s late notice in order to deny coverage under a claims made policy. In Templo Fuente de Vida Corp.…
JOIN THE CLUB: EPA Sizing Up Hackensack River for Superfund Listing
By Emily Lamond
The Hackensack River may be joining the likes of the Passaic River, the Hudson River, Gowanus Canal, Newtown Creek, Fox River, the Eighteen Mile Creek, and other waterways that have been placed on the Superfund National Priorities List (NPL) by…
Licensed to Fill: NJDEP Makes Virgin Material More Attractive for SRP Sites
The New Jersey Department of Environmental Protection (NJDEP) recently renamed and revised its clean fill guidance, which now makes it clear that fill material obtained from a licensed quarry or mine may be used for site remediation without any sampling…
It’s Not Their Fault: New Jersey Supreme Court Upholds Dismissal of Nuisance and Trespass Claims in Environmental Context
The New Jersey Supreme Court recently clarified the elements needed to sustain a claim for nuisance and trespass in the environmental context. Generally, plaintiffs assert claims under common law such as nuisance and trespass to recover non-cleanup costs associated with…
It’s All Good – New Jersey Judge Approves NJDEP’s Controversial $225 Million Settlement with ExxonMobil
By Emily Lamond
After months of controversy, public comments, response to public comments, motions to intervene, amicus briefs, oral arguments, editorials and a sustained flurry of activity in social media, the decision we have been waiting for is here – Judge Michael J.…