If You Own Contaminated Property

The statutes enacted by the Legislature often contain provisions that delegate power to administrative agencies to promulgate additional regulations in furtherance of the statutory purpose.

Pursuant to such a delegation, the New Jersey Department of Environmental Protection (DEP) promulgated ”mercury rules" which set emission limits of mercury from iron and steel melters.  The rules exceeded federal requirements.

In a recent lawsuit, the Appellate Division of the Superior Court was asked to set the rules aside as being beyond the agency's power.

YOU BE THE JUDGE:  Does DEP have unlimited power to affect the ownership and operation of property in an effort to deal with pollution?

The Court sustained the rules, noting that DEP was given broad discretion by the Legislature.  In that regard, DEP's power was not limited to the enactment of standards adopted by the federal government.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.

The New Jersey Law Firm and its attorneys are dedicated to client-driven results and protecting individual rights and business interests. For 40 years, the Law Firm has been recognized for sound legal judgment, immigration laws, real estate cases, litigation, contracts and advocacy in serving the transactional needs of both individual and business clients. If you need assistance with business or corporate formation and operations, or you seek legal advice about insurance defense, arbitrations, wrongful termination, discrimination, environmental issues, bankruptcy, insurance, civil rights and other litigation alternatives, the Law Firm has the comprehensive experience, foresight, skills and talent to assist you to safeguard your assets, interest and investments. The New Jersey Law Firm's highly devoted, motivated, experienced, skilled lawyers/attorneys and effective legal professionals are always there to assist you.

Article Source: http://www.articlesbase.com/immigration-articles/if-you-own-contaminated-property-1780909.html

Author, Samuel D. Bornstein, is associated with the law firm (http://www.bornsteinlawfirm.com/) and has 40 years of experience in representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their "in house" lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence, malpractice matters, immigration, civil rights and real state matters and insurance defense.