. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.

ARTICLE ID 195812

$________ – DOJ – CWA – NEW JERSEY DEVELOPER ACCUSED OF STORMWATER VIOLATIONS – ALLEGED VIOLATION OF CLEAN WATER ACT.

U.S. District Court, New Jersey

In this action, the United States accused a New Jersey land developer of violating the Clean Water Act. The suit was resolved via settlement.

The defendant, Garden Homes, is a land developer based in the state of New Jersey. The defendant was accused by the United States of violating numerous stormwater requirements at ten of their sites in New Jersey, potentially resulting in pollutants being discharged into the Passaic, Hackensack, Rahway, Raritan, Saddle Brook, and Delaware River watersheds. The alleged violations included: Failure to do the following: Conduct and document weekly inspections, install perimeter silt fencing along the perimeter of construction sites, maintain a spill kit on-site, and allowing fuel to spill on the ground uphill from an unprotected catch basin. The U.S. Department of Justice (DOJ) states that these violations were found at multiple construction sites owned and/or operated by defendants through their affiliates, and persisted despite two administrative penalty actions taken by the U.S. Environmental Protection Agency (EPA) region 2 against the affiliates.

The United States filed suit on behalf of the EPA in the U.S. District Court for the District of New Jersey. The defendants, Garden Homes, Garden Homes Realty Corporation, Garden Homes Commercial Properties, and their affiliates, were accused of violating the Clean Water Act. The United States sought civil penalties for the alleged breaches, as well as other relief.The matter was resolved with a settlement, in which the defendant agreed to pay a $________ civil penalty, as well as engagement in measures to improve their stormwater practices. Those measures will include a corporate-wide evaluation of its existing stormwater practices and develop a corporate-wide stormwater management program. The defendant will also designate one of its employees as its company stormwater manager and designate individual stormwater managers for its various sites. The EPA estimates the value of these measures to be $________ for the first year, and approximately $________ annually thereafter. The defendant also agreed to surrender ________ acres of land within the Highlands Preservation Area in Morris County, New Jersey to protect it from future development.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.