Appellate Division Vacates NJDEP Freshwater Wetlands GP#1 Issued to NJDOT
Co-authored by Linda M. Lee In a second go around in the Appellate Division for the same case, the Court vacated a Freshwater Wetlands General Permit #1 issued by the New Jersey Department of Environmental Protection (“NJDEP”) to the New Jersey Department of Transportation (“NJDOT”), which allowed for the rehabilitation and reconstruction of a Confined […]
Appellate Division Provides Insight Into Rights Inherent to Tidelands Grants and Tidelands Licenses
Co-authored by Matthew L. Capone A new unpublished case decided by the Appellate Division provides insight into how courts view those rights granted to the holder of tidelands grant versus those afforded by a tideland’s license. In the Matter of P.T. Jibsail Family Ltd. P’ship Tideland License involved the appeal of the issuance and modification […]
The DEP Must Adequately Explain its Administrative Decisions to Avoid Remand
In In re Flood Hazard Area Verification (Riparian Zone Only) File No. 2105-04-0002.1FHA1870001 et al, Superior Court of New Jersey, the Skylands Preservation Alliance (SPA) appealed from the State of New Jersey Department of Environmental Protection (DEP)’s issuance of a Riparian Zone Only Verification (RZOV) for a unnamed tributary stream of the Musconetcong River to […]
GH&C Secures Appellate Division Victory – Court Clarifies Options for Challenging State Agency Actions
Recently, Giordano, Halleran & Ciesla, P.C. (“GH&C”) attorneys successfully defended a challenge to a client’s development approvals in the New Jersey Appellate Division. In its decision, the Court clarified the options available to parties seeking to challenge permits issued by the New Jersey Department of Environmental Protection (“DEP”) and other agencies. The case involved a […]
Appellate Division Sheds Light on Statutory and Common Law Claims in Environmental Cleanup Cases
Co-Authored by David Miller Last week, the New Jersey Appellate Division (the “Court”) clarified the relationship between claims arising under the New Jersey Spill Compensation and Control Act (the “Spill Act”) and common law claims, as well as the scope of common law claims available to the State of New Jersey (the “State”), in actions […]
New Jersey Appellate Division Affirms Municipal Court Jurisdiction to Enforce Spill Act Penalties
On November 13, 2019, the Appellate Division held that the New Jersey Department of Environmental Protection (“DEP”) can bring a penalty enforcement action under the Spill Compensation and Control Act (the “Spill Act”), N.J.S.A. 58:10-23.11 et seq., in either the Superior Court or the municipal court with territorial jurisdiction. State of New Jersey Department of […]
There’s No Conservation Restriction in My Title: So Why Can’t I Build?
A title search is a vital component of the real property acquisition process. It would be hard to criticize a buyer who proceeds with a transaction, intending to develop or redevelop a parcel, after reviewing title and finding no evidence of a recorded conservation restriction. However, the absence of a conservation restriction instrument recorded in […]
Submit All Required Forms and Documents Required by Municipal Ordinance for Your Application to Trigger the Time of Application Rule
On June 20, 2018, the Supreme Court of New Jersey affirmed the Appellate Division decision in Dunbar Homes, Inc. v. Zoning Board of Adjustment of Franklin Township, which analyzes the “time of application” rule and reiterates that developers must submit all forms and all documents required by municipal ordinance in order to trigger the “time […]
NJ Appellate Division Upholds $225 Million NJDEP Settlement with Exxon Mobil for Natural Resource Damages, Grants Environmental Groups Right to Appeal
In February 2018, New Jersey’s Appellate Division upheld a consent judgment that settled the New Jersey Department of Environmental Protection (NJDEP)’s claims against Exxon Mobil Corporation (Exxon) under the New Jersey Spill Compensation and Control Act to recover natural resource damages (NRD) for the Bayway refinery in Linden and another facility in Bayonne. The Exxon NRD decision, […]
Property Transfers Among Family Members Do Not Negate Innocent Party Status For Remediation Funding Grants
The cost to remediate contaminated sites can be significant and the scope of liability under environmental laws is deliberately broad. In many cases under theories of strict, joint and several liability, property owners inherit liability for environmental contamination caused by predecessor owners. The affirmative innocent purchaser defense is intended to provide a mechanism to limit […]
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