Appellate Division Rejects Effort To Narrow Newark Bay Complex Litigation

The Appellate Division of New Jersey Superior Court has rejected an effort to substantially narrow the scope of the on-going litigation concerning contamination in the Newark Bay Complex, consisting of the lower Passaic River, Newark Bay and the lower reaches of the Hackensack River, the Arthur Kill, and the Kill Van Kull.  The Department of [...]

Appellate Division Rejects Effort to Narrow Newark Bay Complex Litigation

The Appellate Division of New Jersey Superior Court has rejected an effort to substantially narrow the scope of the on-going litigation concerning contamination in the Newark Bay Complex, consisting of the lower Passaic River, Newark Bay and the lower reaches of the Hackensack River, the Arthur Kill, and the Kill Van Kull. The Department of [...]

Clean Bill Of Health, Without The Clean

Under the old framework at NJDEP, a responsible party would typically petition NJDEP for a “No Further Action Letter” (NFA).  As custom would have it, purchasers and lenders in real estate transactions would request an NFA confirming the obvious – that is—that, literally, no further action is required because the property has been remediated to [...]

Submerged Aquatic Vegetation: Navigating NJDEP Waterfront Development Permit Process Difficult for Applicants

Applicants seeking approval from NJDEP for waterfront structures such as recreational docks and piers often face the challenge of satisfying NJDEP’s Submerged Vegetation rule. The rule applies where submerged aquatic vegetation (SAV) exists or where water areas are mapped as SAV habitat. Under the SAV rule, boats must be moored at four feet depth of [...]

New Jersey Appeals Court Sides With Homeowners On Value Of Ocean View

The Appellate Division of New Jersey Superior Court upheld a jury’s award of $375,000 to a Harvey Cedars couple whose ocean view was blocked by a twenty-two-foot high sand dune constructed as part of a Long Beach Island (LBI) beach replenishment project. The Borough of Harvey Cedars condemned an easement allowing the Army Corps of [...]