Real Property & Environmental Law Alert

Real Property & Environmental Law Alert

Transactional Real Estate, Development/Redevelopment & Environmental Law

Monthly Archives: November 2011

Gibbons Real Property & Environmental Department Attains National and Metropolitan Rankings in 2012 Best Lawyers

Posted in Development/Redevelopment, Environmental & Green Issues, Transactional Real Estate & Leasing
Gibbons P.C. is proud to announce that several Real Property & Environmental Department (RPE) practice areas have achieved national and metropolitan rankings in the 2012 edition of Best Law Firms, published by U.S. News and Best Lawyers®. Best Lawyers® is the oldest and most respected peer-review publication in the legal profession. In addition, seven RPE attorneys have been individually selected for inclusion in six different categories.… Continue Reading

Either/Or: Third Circuit Reads Rapanos as Establishing Two Alternative Tests for Federal Regulatory Jurisdiction Over Wetlands

Posted in Environmental & Green Issues
The Clean Water Act regulates the placement of fill into the "waters of the United States." That term has come to include wetlands -- or at least some wetlands. The Supreme Court's last attempt, in Rapanos v. United States, to clarify which wetlands fall within the statute's coverage caused great confusion, as the five Justices who agreed on the judgment (a four-Justice plurality led by Justice Scalia, and Justice Kennedy, who concurred separately) generated two separate tests for jurisdiction. Which test should lower courts apply? In an opinion released on October 31, the Third Circuit said, "both" -- if the wetlands in question satisfy either Justice Scalia's test or Justice Kennedy's test, they fall within the statute's reach.… Continue Reading

NJDEP to Issue Draft Remedial Priority Scores for Contaminated Sites

Posted in Environmental & Green Issues
In the next few weeks, responsible parties for some 12,000 known contaminated sites in New Jersey will be receiving a letter with a draft Remedial Priority Score (RPS) for their particular site compliments of the New Jersey Department of Environmental Protection (NJDEP). The NJDEP has not specified how the rankings will be used, although the RPS system has been described by the NJDEP as "a triage tool to sort sites for further consideration."… Continue Reading