Cheryl Burstein Wins Major Victory in Environmental Litigation Brought By The New Jersey Department of Environmental Protection
Cheryl Burstein, a partner in the firm’s commercial litigation department, with assistance from partner Stuart Gold, recently obtained a major victory for one of Mandelbaum Barrett’s contractor clients in an environmental lawsuit brought by the New Jersey Department of Environmental Protection (“NJDEP”). The NJDEP sought hundreds of thousands of dollars against our client, claiming that it and three other contractors had violated the Waterfront Development Act, Solid Waste Management Act and the Spill Act by bringing clean fill to a site in Middlesex County. Cheryl successfully moved to have the claims against our client dismissed on summary judgment. The court agreed with her arguments that the Waterfront Development Act did not apply to them, the Solid Waste Management Act was inapplicable to their activities and that the client had no liability under the Spill Act. The court dismissed the complaint as to our client without the need for a trial.