David J Miller

David J Miller

July 01, 2020 | New Jersey Law Journal

Constitutional Powers in the Context of Environmental Regulation: NJ's Executive Order 136

EO136 presents a unique legal question: What authority do the governor and DEP have to alter processes embodied in New Jersey's environmental statutes and its corresponding regulations?

By David J. Miller and Linda M. Lee

7 minute read

April 30, 2020 | New Jersey Law Journal

Appellate Division Sheds Light on Statutory and Common Law Claims in Environmental Cleanup Cases

In 'NJDEP v. Hess,' the appellate court clarified the relationship between claims arising under the Spill Act and common law claims, as well as the scope of common law claims available to the state of New Jersey, in environmental contamination actions.

By David J. Miller and Michael P. Castore

9 minute read

July 15, 2016 | New Jersey Law Journal

Back to the Drawing Board on Flood Hazards?

The state legislature is on the brink of invalidating NJDEP regulations governing flood hazard areas and sending the department back to the drafting room.

By By Shawn M. LaTourette, David J. Miller and Michael D. DeLoreto

14 minute read

March 29, 2016 | New Jersey Law Journal

State's Interpretation of Public Access Legislation Raises Concerns

In response to new legislation, the State appears to be taking the position that DEP can proceed with enforcement of public access requirements embedded in permits issued before the legislation bestowed it with such authority.

By Shawn M. LaTourette and David J. Miller

16 minute read