Gerard Giordano

Gerard Giordano

Cole Schotz

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Latest Posts › Contaminated Properties


It’s Not Their Fault: New Jersey Supreme Court Upholds Dismissal of Nuisance and Trespass Claims in Environmental Context

The New Jersey Supreme Court recently clarified the elements needed to sustain a claim for nuisance and trespass in the environmental context. Generally, plaintiffs assert claims under common law such as nuisance and...more

9/17/2015 - Common Law Claims Contaminated Properties Environmental Remediation Costs Nuisance Property Insurance Property Owners Property Valuation Third-Party Beneficiaries Trespass Underground Storage Tanks

Environmental Contamination Can Significantly Impact the Merits of a Property Tax Appeal

The New Jersey Tax Court recently ruled in Methode Electronics, Inc. v. Twp. Of Willingboro, Docket Nos. 019012-2010 and 014098-2011 (Tax January 22, 2015) that the assessment on contaminated property located in Willingboro,...more

2/4/2015 - Commercial Property Owners Contaminated Properties Property Tax Tax Appeals

Storing Heating Oil In Residential Tank Is Not An Abnormally Dangerous Activity In New Jersey

The Appellate Division recent held that the storage of home heating oil in an underground storage tank is not an abnormally dangerous activity. In Ross v. Lowitz, the plaintiffs, John and Pamela Ross, owned property that was...more

4/3/2014 - Contaminated Properties Inherently Dangerous Activities Storage Tanks

Insureds Must Exhaust Coverage From Solvent Insurers

On September 24, 2013, the New Jersey Supreme Court ruled that policyholders must look to its solvent insurers before seeking benefits from the New Jersey Property-Liability Insurance Guaranty Association (“Guaranty...more

9/27/2013 - Contaminated Properties Insolvency Insurance Industry Policy Limits Statutory Interpretation

A Company Can Be Held Liable As An Owner Under CERCLA Even Though It Does Not Own The Contaminated Property

In EPEC Polymers, Inc. v. NL Industries Inc., Civ. Action No. 12-3842 (D.N.J. May 24, 2013), defendant NL Industries Inc. owned property on one side of the Raritan River, where it produced and discharged waste to the river. ...more

6/18/2013 - CERCLA Contaminated Properties Discharge of Pollutants Environmental Liability Hazardous Substances US Army Corps of Engineers

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