Law Office of Christopher D. Hopkins
Law Office of Christopher D. Hopkins
Law Office of Christopher D. Hopkins
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  • Tue January 21, 2014, 3:51 pm
    Site Remediation Extension of Time Bill Gives 2 Additional Years for Completion of Remedial Investigation of Contaminated Sites Two Year of Extension of May 7, 2014 Deadline For Completion of Remedial Investigation of Contaminated Sites For thos...
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  • Mon November 4, 2013, 7:14 pm
    Compensation For Loss of Ocean Views Due to Protective Dunes Upheld Compensation For Loss of Ocean Views Due to Protective Dunes Upheld, Although Protective Benefit of Dunes Must Be Includ...
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  • Sun September 29, 2013, 4:12 pm
    NJ Supreme Court Rejects COAH’s Third Round Regulations New Jersey Supreme Court Rejects COAH’s Third Round Regulations On Thursday, the New Jersey Supreme Court, by a 3...
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  • Thu May 23, 2013, 10:28 am
    De Facto Merger of LP Into LLC Does Not Preclude Transfer of Prior Entity’s Rights May 23 2013 -In I/M/O Hazardous Discharge Site Remediation Fund Innocent Party Grant Application Cliflake Associates LLC...
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  • Tue April 30, 2013, 8:02 pm
    NJ State's Energy Master Plan For Solar Incentives for Dumps and Brownfields - Slow Going According to an article on NJ Spotlight - The state’s Energy Master Plan wants to convert garbage dumps and brownf...
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  • Mon March 25, 2013, 7:14 pm
    Hydraulic Fracturing Update New York Home Rule Power To Curb Fracking Upheld In Lenape v. Town of Avon et al., case number 1060-2012, in New York...
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  • Sun March 24, 2013, 11:39 am
    Creation of Hydraulic Fracturing Performance Standards Shell, Chevron, the Environmental Defense Fund, the Clean Air Task Force, Consol Energy, the EQT Corporation, the Group ...
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  • Tue March 5, 2013, 7:42 pm
    Zoning Protections Lost For Hurricane Sandy Damaged Structures Deemed “Totally” Destroyed The Appellate Division yesterday made it more difficult for property owners trying to rebuild after Hurricane Sandy. The...
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  • Fri March 1, 2013, 2:17 pm
    NJ Court Holds That Age Restricted Development May Be Marketed With No Age Restriction March 1 2013 - The Court, in Sharbell Building Company, LLC v. Planning Board of The Township of Robbinsville, held that...
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  • Tue February 5, 2013, 8:15 pm
    NJ Supreme Court Clarifies Requisite Nexus For Liability Under the Spill Act February 5 2013 - In NJ Department. of Environmental Protection v. Dimant, 212 N.J. 153 (2012), the New Jersey Supreme C...
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From the Aricle Archive
Case Law for July 26 2012

Borough of Paulsboro v. Essex Chemical Corporation.

The App. Div. rule of Housing Authority of the City of New Brunswick v. Suydam Investors, 177 N.J. 2 (2003) that contaminated property acquired by eminent domain must be valued as if the contamination had been remediated was held not to apply in an eminent domain action for acquisition of property containing a landfill that has been closed with the approval of the Department of Environmental Protection, because the condemnee in that circumstance is not subject to any additional liability for remediation of the site.

In other case law news:

Des Champs Laboratories Inc. v. Robert Martin, Commissioner, New Jersey Department of Environmental Protection.

The Appellate Division struck down a NJDEP regulatory requirement that bars the sale of industrial properties with trace amounts of hazardous substances as being beyond the scope of the agency's authority under the ISRA statute. The Appellate Division said the state Department of Environmental Protection improperly denied Des Champs Laboratories Inc. a so-called de minimis quantity exemption that allows small industrial operators to avoid onerous preclosing inspections and cleanups required under the state Industrial Site Remediation Act. Neither the ISRA nor the Site Remediation Reform Act requires sites to be certified clean as part of the de minimis quantity exemption process, the appeals court found. “The imposition of such an obligation as a condition of DQE approval is inconsistent with ISRA and SRRA statutes which are designed, among other things, to streamline the regulatory process and, as ISRA proclaims, 'minimize governmental involvement in certain business transactions,'” the opinion said.

The court issued a 30-day stay on the ruling to give the DEP a chance to appeal the decision to the New Jersey Supreme Court.

News information compiled by The Law Office of Christopher D. Hopkins, LLC.

About The Law Office of Christopher D. Hopkins, LLC

The Law Office of Christopher D. Hopkins, LLC is a boutique law firm located in Scotch Plains, New Jersey committed to providing the highest quality of legal services in the select areas of real estate, land use and environmental law. The firm is committed to working collaboratively with clients to achieve practical, cost effective results- whether it be in complex litigation, transactions, cleanups and/or development projects. The firm provides transactional and litigation counsel to a broad spectrum of clients including private and public corporations, trade associations, nonprofit institutions, banks, real estate investment trusts and individuals in New Jersey, New York and Pennsylvania.

Contact Information

The Law Office of Christopher D. Hopkins, LLC

1812 Front Street

Scotch Plains, NJ 07076

TEL: 908.322.6121

FAX: 908.322.5701

Email: chris@chopkinslaw.com

Website http://www.chopkinslaw.com

 



Law Office of Christopher D. Hopkins
The Law Office of Christopher D. Hopkins, LLC 1812 Front Street, Scotch Plains, NJ 07076 || 908.322.6121