Real Property & Environmental Law Alert is the second blog from Gibbons on the LexBlog Network. Spanning multiple associated practice areas the blog focuses on providing commentary on issues affecting transactional real estate, development/redevelopment and environmental law.
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The Supreme Court in Montana v. Wyoming --U.S.--, 131 S.Ct. 1765 (2011), rejected Montana’s claim that Wyoming’s usage of water depleted the amount of water available to it under the Yellowstone River Compact between Montana and Wyoming. Montana contended that Wyoming breached...
Green or Not to Green, That is the Question? Whether it is Nobler to Build a Green Building or Suffer the Ignominy of an Ungreen One
With energy costs high and the focus on combating global warming, there is an impetus toward encouraging the development of Green Buildings. Buildings account for 39% of the total energy usage in the U.S., two thirds of the electricity consumption and 1/8 of the water usage. Building codes, setting...
A Michigan court dismissed a juror who during the trial posted on Facebook, "gonna be fun to tell defendant they’re guilty." A New Jersey Appellate Court holds it is alright to google jurors’ names during jury selection. Carino v. Muenzen, App. Div. August 30, 2010. The upshot...
The Extension of the Permit Extension Act is on the Move, To Be Reviewed Today By Assembly Appropriations Committee
About two months ago, several NJ Legislators, including State Senator Paul Sarlo (Bergen/Passaic) and Assemblyman Ronald Dancer, proposed bills that would amend the 2008 “Permit Extension Act.” Designed to give developers breathing room in the sluggish economy by extending the...
The New Jersey Department of Environmental Protection (NJDEP) announced on March 8 that it had finalized a new waiver rule that will permit the department to relax environmental rules in certain limited circumstances. The new rule, which grew out of an executive order from Governor Christie that...
NJDEP Clarifies Impact of Site Remediation Reform Act on Requirements of Administrative Consent Orders and Remediation Agreements
With full implementation of the Site Remediation Reform Act on the horizon, the New Jersey Department of Environmental Protection (NJDEP) recently clarified that for parties currently proceeding with remediation under NJDEP oversight pursuant to an Administrative Consent Order (ACO) or...
The Time for Electronic Recording is Now: New Jersey Passes New Law Updating Title Recordation Procedures
In our electronic age, New Jersey’s antiquated laws governing document recordation were in serious need of some updates. A new law was recently passed modernizing the New Jersey Statutes by requiring the acceptance of electronic alternatives to paper documents, in addition to paper documents....
Jennifer Porter to Speak at New York CLE Program on State Environmental Quality Review Act (SEQRA) Litigation Issues
Jennifer M. Porter, Esq., a Director in the Gibbons Real Property & Environmental Department, will be a speaker at Lorman’s New York CLE Program SEQRA, on Friday, March 9, 2012 in Latham, New York. The all-day program will provide a comprehensive overview of New York’s...
Apparently concerned that the economy may not be recovering rapidly enough, the 215th New Jersey Legislature now convened, introduced a new bill (A337) on January 10, 2012, by Assemblyman Ronald S. Dancer of District 12, to change the definition of the “extension period” under the...
On January 17, 2012, Governor Chris Christie signed into law a bill allowing out-of-state winemakers to sell directly to New Jersey consumers and retailers. The bill was in response to the Third Court’s decision in Freeman v. Corzine, which we reviewed on this blog a year ago. The...