New Jersey Supreme Court: Insurers May Be Liable for Cleanups Even After Policy Assignment

On February 1, 2017, the New Jersey Supreme Court unanimously held that insurers may remain liable for cleaning up pollution even if the original insurance policy has been assigned due to corporate mergers or restructuring of the insured. In a decision that directly impacts many New Jersey policyholders and insurance companies, the Court confirmed that […]

The Highest and Best Use Valuation for Property – The Synergy Between the Condemnation Award and the Escrow Amount

The Appellate Division of Superior Court recently published a decision providing further clarification of the seminal New Jersey Supreme Court condemnation case Housing Authority v. Suydam Investors, L.L.C. By way of background, in Suydam, the Court held that a condemned contaminated property should be valued “as if remediated” rather than “as is” when determining the […]

Supreme Court Clarifies Timing of Spill Act Claims

New Jersey’s Spill Compensation and Control Act (Spill Act) prohibits the discharge of hazardous substances into the environment, and makes dischargers jointly and severally liable for the resulting environmental contamination.  Joint and several liability means the State may collect the entire amount of cleanup costs from one discharger, even when that party was only partially […]

The COAH Saga Continues

On March 7, 2014, the Appellate Division entered yet another Order in the ongoing affordable housing quagmire.  On September 26, 2013, the New Jersey Supreme Court directed COAH to promulgate its third set of Round Three regulations — now 14 years overdue — by February 26, 2014.  Instead of complying with the Court’s Order, COAH […]

Waiver Rule Court Decision Appealed

Late last week, the Environmental Groups which lost their appeal challenging the validity of the NJDEP Waiver Rules, filed a Notice of Petition for Certification to the New Jersey Supreme Court.  This Notice will be followed by the actual petition, which will argue why the New Jersey Supreme Court should agree to accept the appeal.  […]

Supreme Court Bars DEP From Warrantless Residential Inspections

In an April 4, 2013 decision, the Supreme Court of New Jersey ruled that the constitution prohibits the Department of Environmental Protection from conducting warrantless inspections of residential property without the consent of the homeowner.  Under both the federal and New Jersey constitutions, nonconsensual warrantless searches are generally prohibited.  The warrant requirement applies not only […]

GH&C’s Paul Schneider Prevails Before New Jersey Supreme Court

Adopting the legal analysis advocated by Paul Schneider on behalf of the New Jersey Builders Association, the New Jersey Supreme Court ruled that developers may not be required to pay duplicative sewer connection fees.  New Jersey statutes permit utilities authorities and sewerage authorities to charge periodic service fees for those using their wastewater systems.  In […]