Legal Blogs and Updates

NJDEP Modifies Certain Site Remediation Rules Due to COVID-19

On April 24, 2020, the New Jersey Department of Environmental Protection (NJDEP) adopted a Temporary Rule Modification (the Modification) affecting its Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) and its Technical Requirements for Site ...

U.S. Supreme Court Rules That the Clean Water Act May Regulate Pollution Traveling Through Groundwater

On April 23, 2020, the United States Supreme Court issued a decision in the County of Maui, Hawaii v. Hawaii Wildlife Fund et al. matter, finding that the Clean Water Act may regulate pollution traveling through groundwater. The Court also found that the Ninth Circuit Court of Appeals applied ...

Governor Murphy Permits Tenants to Apply Security Deposit to Pay Rent During COVID-19 Pandemic

In response to the current COVID-19 pandemic, on Friday, April 24, 2020, New Jersey Governor Phil Murphy issued Executive Order 128, which allows residential tenants to apply the full amount of the tenant’s security deposit (plus all accrued interest) to the payment of any rent or late fees ...

New Jersey Passes Public-Private Partnership Regulations

On Monday, April 20, 2020, New Jersey at long last finalized and passed the regulations needed to implement the Public-Private Partnership (P3) statutes passed nearly two years ago. The rules follow the anticipated chronological steps that will be undertaken through the life cycle of a P3 ...

Interpreting Force Majeure Provisions in Construction Contracts in Light of COVID-19 Disruptions

It is no secret that COVID-19 has caused significant business disruption, leaving many contractors with labor and material shortages that ultimately lead to delays. In such a scenario, questions have been raised concerning the right to additional time and money when performance is ...

New Jersey Grants Protection to Health Care Providers Concerning COVID-19 Treatment

The COVID-19 pandemic has had a drastic impact on medical care providers and facilities as they try to contain the spread and treat the virus.  Among the difficulties presented was the limited number of trained personnel and staff available to treat the general public. In an effort to ...

U.S. Supreme Court Rules CERCLA Does Not Preclude State Law Claims 

On April 20, 2020, the United States Supreme Court issued a decision in the Atlantic Richfield Co. v. Christian et al. matter, finding that federal law under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) does not preempt suits under state law for ...

New Jersey Mini-WARN Act Amendment Provides Relief to Employers

[This is an update to our previous alert regarding the expansion of the “New Jersey Mini-WARN Act,” (known as the “Millville Dallas Airmotive Plant Job Loss Notification Act”) (the Act), which was set to take effect on July 19, 2020.]

On April 15, 2020, Governor Murphy signed ...

Manufacturers Should Keep an Eye on State Efforts to Ban Certain Children’s Products

Over the past few years, several states have taken action, or are considering action, to ban certain types of children’s products, such as baby walkers.  This kind of legislation, and any similar proposed legislation, can have a profound economic impact on manufacturers, developers and ...

Amendment of New Jersey's Family Leave Act Provides COVID-19 Impacted Families with Leave

On April 14, 2020, New Jersey’s Family Leave Act (FLA) was amended to allow covered employees (those who have worked for the employer for 12 months and at least worked 1000 hours during that time period) who are caring for family members during the COVID-19 outbreak to receive up to 12 weeks of ...

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