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Gibbons Law Alert

Tagged: New Jersey

NJDEP Holds Its 12th Annual Regulatory Update Conference

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Posted in Environmental and Green Issues

On December 6, 2013

The New Jersey Department of Environmental Protection (“NJDEP”) held its 12th Annual Regulatory Update Conference on November 22, 2013. The conference provided brief regulatory updates from a number of NJDEP departments and programs. The New Jersey Department of Environmental Protection (“NJDEP”) held its 12th Annual Regulatory Update Conference on November 22, 2013. The conference provided brief regulatory updates from a number of NJDEP departments and programs including: The Environmental Management Program; The Site Remediation Program; ; The Bureau of Air Quality Planning; The Office of Environmental Justice; The Bureau of Environmental Evaluation & Risk Assessment; The Emission Statement Program; and The Office of Science.

May 14, 2014 Remedial Investigation Deadline Approaching for Discharges Discovered Prior to May 7, 1999

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Posted in Environmental and Green Issues

On October 31, 2013

Many Responsible Parties will be scrambling to meet the May 7, 2014 deadline to complete their remedial investigations. Failure to meet the deadline risks that the New Jersey Department of Environmental Protection (NJDEP) will undertake direct oversight of an entire contaminated site. Pursuant to the Site Remediation Reform Act (SRRA), the May 2014 deadline applies to all discharges or contaminated areas of concern that have been or should have been identified on or before May 7, 1999, due to an obligation to complete a site investigation or preliminary assessment.

May 7, 2014 Remedial Investigation Deadline Approaching for Discharges Discovered Prior to May 7, 1999

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Posted in Environmental and Green Issues

On October 31, 2013

Many Responsible Parties will be scrambling to meet the May 7, 2014 deadline to complete their remedial investigations. Failure to meet the deadline risks that the New Jersey Department of Environmental Protection (NJDEP) will undertake direct oversight of an entire contaminated site. Pursuant to the Site Remediation Reform Act (SRRA), the May 2014 deadline applies to all discharges or contaminated areas of concern that have been or should have been identified on or before May 7, 1999, due to an obligation to complete a site investigation or preliminary assessment.

New Jersey Supreme Court Holds That Claimants in Continuous-Trigger Environmental Coverage Cases Must Exhaust Policy Limits of Solvent Carriers Before Seeking Payment From Fund for Insolvent Carriers

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Posted in Environmental and Green Issues

On October 15, 2013

Almost twenty years after establishing a methodology for allocating remediation costs among insurance policies in so-called “long-tail” cases, the New Jersey Supreme Court was faced with a new question: what happens when one of the insurers is insolvent? Applying a 2004 statutory amendment and interpreting it as reversing the result in a 1997 Appellate Division case, the Court held, in Farmers Mutual Fire Insurance Company of Salem v. New Jersey Property-Liability Insurance Guaranty Association that in such a case the policy limits of all solvent carriers must be exhausted before a claimant can recover any benefits from a special statutory fund created to stand in the place of insolvent insurers. The decision has important ramifications for corporations with complex insurance programs and potential environmental issues regarding sites where contamination may have been present over many years.

Appellate Division Finds a Six Year Statute of Limitations Applicable to New Jersey Spill Act Claims

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Posted in Environmental and Green Issues

On September 4, 2013

In what is a potential game changing decision, the Appellate Division of the Superior Court of New Jersey, in Morristown Associates v. Grant Oil Company, et al., Docket No. A-0313-11T3 (App. Div. Aug. 23, 2013) recently held that the six year statute of limitations applicable to property damage claims is applicable to private claims pursuant to the New Jersey Spill Compensation and Control Act.

From Ink to Occupancy – Part Three: Land Use Due Diligence – The Title Myth

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Posted in Transactional Real Estate and Leasing

On August 13, 2013

As the third installment in the series, “From Ink to Occupancy, A Game Plan for a Successful Real Estate Project,” stemming from the Gibbons Women’s Initiative Seminar Series held in May, this blog addresses the question of whether title review alone is sufficient for purposes of ascertaining what restrictions are in place for a property being acquired. The simple answer is NO. All too often commercial buyers anxious to close on a property take shortcuts and limit their due diligence to title review as opposed to conducting land use due diligence. This blog explains why, particularly in New Jersey, it is critical to conduct land use and zoning due diligence in addition to title review prior to the acquisition of a property, so that you can be fully aware of any potential restrictions impacting the property.

In Dune Construction Dispute, N.J. Supreme Court Holds that “Just Compensation” in Partial-Takings Cases Must Be Reduced by Value of All Reasonably Calculable Benefits

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Posted in Environmental and Green Issues

On July 12, 2013

When the Borough of Harvey Cedars took a portion of the beachfront property of Harvey and Phyllis Karan to allow the Army Corps of Engineers to construct a protective dune, the Karans lost their view of the ocean, and a court awarded them $375,000 as compensation for the drop in the value of their $1.7 million home. In a momentous decision with important ramifications for shore protection efforts and for a much broader category of eminent domain cases, the New Jersey Supreme Court held that “just compensation” for the Karans should also have reflected the quantifiable benefits that they received as a result of the improved flood protection provided by the dune.

Gibbons Employment & Labor Law Attorneys Listed as New Jersey Super Lawyers

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Posted in Firm News / Labor

On June 6, 2013

Several attorneys in the Gibbons Employment & Labor Law Department were listed as leaders in their fields by New Jersey Super Lawyers and New Jersey Super Lawyers Rising Stars for 2013. Overall, 80 lawyers in the firm were featured in these two publications. The following attorneys were listed in Super Lawyers: Christine A. Amalfe, Chair; Kelly Ann Bird, Director; Mitchell Boyarsky, Director; Susan L. Nardone, Director; and Richard S. Zackin, Director.

Gibbons Employment & Labor Law Attorneys Listed as New Jersey Super Lawyers

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Posted in Firm News / Labor

On June 6, 2013

Several attorneys in the Gibbons Employment & Labor Law Department were listed as leaders in their fields by New Jersey Super Lawyers and New Jersey Super Lawyers Rising Stars for 2013. Overall, 80 lawyers in the firm were featured in these two publications. The following attorneys were listed in Super Lawyers: Christine A. Amalfe, Chair; Kelly Ann Bird, Director; Mitchell Boyarsky, Director; Susan L. Nardone, Director; and Richard S. Zackin, Director.

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