Joseph Brodie, 40, of Millville Sentenced For Threatening To Murder A Congressman & His Staff

CAMDEN CITY N.J. – A New Jersey resident was sentenced yesterday to 87 months in prison for threatening to murder former U.S. Rep. Frank LoBiondo and members of the congressman’s staff, U.S. Attorney Craig Carpenito announced.

Joseph Brodie, 40, of Millville, New Jersey, was previously convicted in Camden federal court on two counts of making threats to officials, officers and employees of the United States – specifically, for a telephone threat to murder LoBiondo’s chief of staff and an email threat to murder LoBiondo, his chief of staff, his veterans affairs liaison, and all of the other staff of the Mays Landing office. During the sentencing hearing yesterday, the Court determined that over the course of the prosecution, Brodie had obstructed justice and that there also was evidence to show he had intended to carry out his threats.

According to documents filed in this case and the evidence presented at trial:

In the spring of 2017, Brodie reached out to LoBiondo seeking assistance with the medical care and treatment that Brodie was receiving from the Veterans Administration. Over the course of the next few months, Brodie spoke and corresponded with the congressman’s Veterans Affairs Liaison and a caseworker, both of whom assisted him with appointments and meetings regarding his medical care. On Sept. 19, 2017, Brodie contacted the congressman’s office and spoke to the chief of staff on the phone. Brodie wanted the chief of staff to arrange a meeting with the congressman, but the chief of staff refused. During this phone call, Brodie became angry and ultimately threatened the life of the chief of staff – calling him “a dead man.”

Approximately an hour and a half later, Brodie sent an email to the congressman’s veterans’ affairs liaison as well as the caseworker, threatening their lives as well as the lives of the congressman and his staff in the Mays Landing Office. In this email, Brodie stated that he wanted to meet the congressman “face to face” and he pointed out “how easy” it was to find the congressman’s Mays Landing Office. Brodie also attached a terrain map of the area, with the area around the congressman’s office enlarged for detail and a red pinpoint location marker on the office. Writing about the map, Brodie stated, “[i]t even shows the environment and surrounding terrain, parking lots, wooded areas, etc., (like the kind a highly trained Combat Infantryman would use)…”

On the same day as the threats, Brodie sent text messages to his fiancée stating: “I threaten the life of a Congressman’s Chief of Staff. I’m pretty sure the Secret Service are going to investigate.” He also wrote that he was “prepared” for any law enforcement officers who might respond to his home. He wrote, “I’ll give them a chance to leave. If not, it’ll be First Blood Part II Type Shit (if you never saw that Rambo movie).” Brodie also wrote, “I won’t surrender. It’s not in me.” The same day, Brodie spoke to his fiancée on the phone and told her that he was going to travel to an address in New Jersey, that he had GPS coordinates in his car, that he was going to kill LoBiondo’s chief of staff, and that there was going to be a “blood bath.”

One week later, in a statement recorded by the FBI, Brodie confessed to having made the phone threat to the chief of staff on Sept. 19, 2017, and to having sent the email threat on Sept. 19, 2017.

The evidence showed that at the time Brodie made these threats, Brodie owned several firearms and a large amount of ammunition at his home.

U.S. Attorney Craig Carpenito credited special agents of the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; special agents of the U.S. Capitol Police, under the direction of Chief Steven Sund; officers from the N.J. State Police, under the direction of Col. Patrick J. Callahan; and the Cumberland County Prosecutor’s Office, under the direction of Prosecutor Jennifer Webb-McRae, with the investigation leading to yesterday’s sentencing.

The government is represented by Assistant U.S. Attorneys Sara A. Aliabadi and Jason Richardson, of the Camden office.

Defense counsel: Gina Amoriello, Esquire, Westmont, NJ and Philadelphia, PA

Pick-6 Rolls to $5 Million for Dec. 26 Drawing

TRENTON (Dec. 24, 2019) – The Pick-6 drawing on December 23 produced seven winners of $3,790 for matching five out of six white balls drawn. One of those tickets was purchased with XTRA, multiplying the prize to $7,580. The $5 million drawing will be held Thursday, December 26, 2019.

The winning numbers for the Monday, December 23, drawing were: 04, 11, 13, 25, 42 and 49. The XTRA Multiplier was: 02. By adding XTRA for an additional $1.00 per play, winners are able to multiply their non-jackpot prizes by the XTRA number drawn.

Acting Executive Director James Carey announced that there were 530,737 tickets purchased for the drawing and of those sold, thousands were prizewinners! For correctly matching four numbers, 437 ticketholders won $53 each and 107 others won $106 each with the addition of XTRA. Moreover, for correctly matching three numbers 8,573 ticketholders won $3.00 each and 1,279 others won $6 each with the addition of XTRA. Lastly 9,587 ticketholders each won $2.00 for correctly matching two numbers with the addition of XTRA on their purchase.

Newark Man Sentenced To 10 Years In Prison For Firearms Offense

Related To Shooting Of 5-Year-Old Girl

NEWARK, N.J. – A Newark man was sentenced today to 120 months in prison for being convicted of being a felon in possession of a firearm, U.S. Attorney Craig Carpenito announced.

Jamar Battle, 31, was previously convicted after a three-day trial before U.S. District Judge

William J. Martini on one count of being a felon in possession of a firearm and ammunition. The jury deliberated two hours before delivering the guilty verdict. Judge Martini imposed the sentence today in Newark federal court.

According to documents filed in this case and the evidence at trial:

On the evening of July 4, 2018, Battle was involved in an argument with his girlfriend and was waiting for her outside of her home. After she arrived near her home, Battle fired six shots at the car she had been riding in as it pulled away. He did not hit his intended target, but did hit a 5-year old girl who had been walking with her father after watching a neighborhood fireworks display. The child survived the shooting but suffered a major injury that required immediate medical attention.

Prior to this shooting, Battle had been convicted of six felonies. In 2015, Battle was sentenced to New Jersey State Prison on two firearms offenses and had just been released from prison in May 2018.

In addition to the prison term, Judge Martini sentenced Battle to three years of supervised release.

U.S. Attorney Carpenito credited law enforcement officers of the Newark Police Department, under the direction of Public Safety Director Anthony F. Ambrose; special agents of the Department of Alcohol Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge Charlie J. Patterson in Newark; special agents of the FBI, under the direction of Special Agent in Charge Gregory W. Ehrie in Newark; and the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens 2nd, with the investigation leading to today’s sentencing.

The government was represented by Senior Trial Counsel Robert Frazer and Special Assistant U.S. Attorney Naazneen Khan of the U.S. Attorney’s Office Violent Crimes Unit in Newark.

Defense counsel: Michael P. Koribanics Esq., Clifton, New Jersey

AG Grewal Sues Companies for Selling Large Capacity Ammunition Magazines into NJ

Some Refused To Turn Over Evidence of Prior Sales

Elite Aluminum Complaint

22MODSFORALL Complaint

TRENTON

– Attorney General Gurbir S. Grewal today filed suit against two separate out-of-state companies which previously sold illegal large capacity magazines (LCMs) to undercover state investigators in New Jersey, and which have failed to comply with state subpoenas demanding the records of their New Jersey sales.

New Jersey law prohibits the possession and sale of firearm magazines that are capable of holding more than 10 rounds of ammunition. LCMs allow a shooter to fire an unusually high number of bullets at a time, without requiring the shooter to even pause and reload. As a result, violence that involves LCMs can result in more shots fired, persons wounded, and wounds per victim than other gun attacks.

Although both Elite Aluminum of Holly Hill, Fla., and 22Mods4All of Longwood, Fla., appear to have discontinued sales of LCMs into New Jersey after receiving a cease-and-desist letter from Attorney General Grewal, both companies have refused to turn over documents showing their prior sales into the state, despite receiving a subpoena.

This investigation predates, and is unrelated to, the attack in Jersey City last week.

“Large capacity magazines are illegal in New Jersey, which is why I’m continuing to file suits against LCM companies that sell their products to our consumers,” said Attorney General Grewal. “The companies we’re going after today have repeatedly stonewalled and withheld evidence from investigators, despite a subpoena. These lawsuits serve as yet another warning to the industry: hide the extent of your unlawful sales from our investigators, and we will see you in court.”

“New Jersey banned the possession and sale of LCMs because of their devastatingly lethal capacity, and because of the role such products have played in tragedy after tragedy around the country,” said Division of Consumer Affairs Acting Director Paul R. Rodríguez. “Not only do we allege that these companies put New Jersey residents at risk by selling dangerous, illegal weapons into the state, exposing purchasers to criminal liability, they have now failed to comply with our investigation. These two sellers have had ample warning and time to cooperate. Their time has run out, and we’re taking them to court.”

Filed in Superior Court in Essex County, the State’s lawsuits against Elite Aluminum and 22Mods4All each include two counts. The first count addresses alleged violations of the Consumer Fraud Act that occurred when the companies offered and sold LCMs to New Jersey buyers despite the fact that possessing an LCM is a fourth-degree crime in New Jersey punishable by up to 18 months in prison and fines of up to $10,000. The second count centers on the failure of both sellers to comply with a subpoena for records documenting their sales activities in New Jersey dating back five years.

The sales information was first requested in cease-and-desist letters sent to both vendors by Attorney General Grewal on January 7, 2019.

The Elite Aluminum cease-and-desist letter came in the wake of the company’s sale and delivery of eight 30-round LCMs to an undercover Division of Criminal Justice (DCJ) detective through three separate transactions in 2018.

The 22Mods4All cease-and-desist letter came in the wake of the company’s sale and delivery of nine 30-round LCMs to an undercover DCJ detective in two separate transactions, also in 2018.

Attorney General Grewal’s letters called on Elite Aluminum and 22Mods4All to stop advertising, selling and/or shipping LCMs to New Jersey. Both appear to be complying with that portion of the letter, as revealed by subsequent undercover efforts to purchase LCMs from both vendors in 2019.

However, the cease-and-desist letters to Elite Aluminum and 22Mods4All also called on each to provide details of past sales of LCMs to any New Jersey address since January 1, 2014, which would allow the State to identify the extent of the companies’ LCM sales and alleged legal violations.

After neither company complied with the demand for information in Attorney General Grewal’s cease-and-desist letters, the Division issued a subpoena to 22Mods4All in July 2019, and to Elite Aluminum in August 2019.

Neither company has complied with the subpoena. 22Mods4All did not respond at all, while Elite Aluminum failed to supply the demanded documents.

Today’s lawsuit is not the first action by Attorney General Grewal to protect New Jersey residents from illegal firearm products and gun violence filed this year. Among other things, in June, Attorney General Grewal filed suit against a Nevada company – New Frontier Armory – after it ignored a cease-and-desist letter and allegedly sold six LCMs to an undercover state investigator, including a 100-round magazine, a 30-round magazine and a 15-round magazine.

And earlier this year – on March 22 – Attorney General Grewal filed suit against James Tromblee, Jr., owner of the California-based “ghost gun” company U.S. Patriot Armory. The lawsuit alleged that U.S. Patriot Armory violated the State’s Consumer Fraud Act by continuing to advertise, market, and offer for sale ghost guns to New Jersey residents. (Ghost guns are partially-assembled firearms sold with the parts needed to create a fully-operational gun – and often even with the instructions on how to do so.) That same month, Attorney General Grewal announced criminal charges against individuals trafficking ghost guns into the state.

The World Lottery Association Recertifies New Jersey Lottery

for Level 4 Responsible Gaming Certification

TRENTON (Dec. 20, 2019) – In 2016, the New Jersey Lottery was only the third state lottery in the nation to be awarded a World Lottery Association Responsible Gaming Level Four Certification, the highest level of international recognition in the

gaming industry. The Lottery has been recertified by the World Lottery Association in 2019 for continued efforts to incorporate responsible gaming best practices into its every day operations.

The World Lottery Association Responsible Gaming Principles and Framework Certification Program outlines lotteries\’ level of commitment to corporate social responsibility and responsible gaming. New Jersey Lottery received the recertification of its Level 4 distinction for its commitment to continued review and ongoing development of extensive responsible gaming efforts.

“I am proud of New Jersey Lottery’s efforts to incorporate responsible gaming messages into all areas of communication and our work toward continued enhancements of the Responsible Play Program,” said New Jersey Lottery Acting Executive Director James A. Carey, Jr. “We are pleased that the extensive review by the World Lottery Association of our responsible gaming initiatives and continued commitment has earned the New Jersey Lottery recertification of the prestigious Level 4 Responsible Gaming Certification.”

Norcross, Booker, Hayes Introduce Legislation to Support Childcare for Student-Parents

WASHINGTON, DC – U.S. Congressman Donald Norcross (NJ-01) this week joined Congresswoman Jahana Hayes (CT-05) and Senator Cory Booker (D-NJ) to introduce H.R. 5475, the Preparing and Resourcing Our Student Parents and Early Childhood Teachers

(PROSPECT) Act. This important legislation would invest heavily in federal grants supporting childcare for student-parents at community colleges and Minority Serving Institutions (MSI’s).

There are over 4 million college students in the United States who are raising children while attending school. Although the number of student parents has been on the rise, the share of community colleges and four-year institutions with campus child care has been in decline. In New Jersey, 46 percent of all residents live in a child care desert, according to the

Center for American Progress

. The PROSPECT Act would help New Jersey students enrolled in community colleges fight costly barriers to degree completion and make sure more young people have the tools they need to learn and succeed.

“Today, many student-parents are forced to choose work over their education because they cannot afford child care,”

said Congressman Norcross, a member of the House Committee on Education and Labor.

“Access to quality, affordable child care for college students impacts the strength of our economy and the diversity of our workforce. The PROSPECT Act will help provide student-parents with a level playing field. South Jersey is a leader in higher education, and this legislation will ensure that parents, their children and educators are afforded the resources and opportunities they need to succeed.”

“I was a student-parent while I pursued my bachelor’s, master’s, and graduate degrees. I know first hand the struggles of being a young parent, while trying to study and earn a degree,”

said Congresswoman Hayes,

a member of the House Committee on Education and Labor

. “The PROSPECT Act would provide student-parents with much-needed assistance, which removes one more barrier to success. I thank Senator Booker and Congressman Norcross for joining me in this effort to support student-parents.”

“Today’s college students are faced with realities that are very different than the idyllic assumptions we have of them,”

said Senator Booker.

“Millions are raising kids and have enrolled in college to improve their life circumstances for their children, but too many are forced to drop out because quality child care is unavailable or unaffordable, leaving them without a degree and saddled with student debt. This legislation will address this crisis by investing in campus child care and infant-toddler educator preparation programs, making our college campuses better equipped to help today’s students succeed.”

The PROSPECT Act is endorsed by the following organizations: American Federation of Teachers (AFT), CLASP, Education Reform Now – Advocacy, Generation Hope, Hispanic Association of Colleges and Universities (HACU), National Black Child Development Institute, National Women’s Law Center (NWLC), Public Advocacy for Kids, UNCF, UnidosUS and Zero to Three.

“Representative Jahana Hayes’ bill addresses two essential family needs – the cost of child care, and the need to meet the appetite children have to learn and thrive,”

said

Randi Weingarten, President of American Federation of Teachers.

“Children are always learning, particularly in the months and first few years of life, which means finding ways to help nurture this learning will help the children who receive that. At the same time child care costs pose an undue burden for working parents that immediately hamstring kids whose parents work to earn a living. Child care for infants and toddlers costs parents roughly 60 percent more than child care for a 3- or 4-year-old. Finding and affording child care is even harder for parents who are in college themselves. Rep. Hayes’ Preparing and Resourcing Our Student Parents and Early Childhood Teachers Act takes bold steps to address the reality that in today’s economy, most parents are working parents, and many are also in school. It will make infant and toddler child care more affordable and accessible on college campuses, enabling student parents to finish their degrees and access a better a better life for their families. By funding high-quality child care programs with well prepared and compensated early childhood educators, this bill helps parents and educators address take care of themselves, and their families.”

“In 1999, I started as a full time freshman and teen mother at the College of William & Mary, struggling to find childcare for my three-month-old daughter while adapting to the new world of college and the academic rigor of a prestigious school,”

said

Nicole Lynn Lewis, Founder and CEO of Generation Hope. “

I founded Generation Hope in 2010 to ensure young, parenting college students have all of the supports that I lacked, and the PROSPECT Act builds upon this work in an innovative way by providing childcare and opportunities for students across the country who are working incredibly hard to become college graduates.”

“Every student deserves a fair chance at completing a college degree and pursuing their American Dream,”

said Dr. Michael L. Lomax, President and CEO of UNCF.

“This is something that HBCUs know all too well given their unique mission and continued efforts to ensure that our neediest of students are not ignored. The PROSPECT Act builds on the invaluable approach lead by HBCUs to make sure students with children are also taken care of and able to achieve their dreams. UNCF is proud to support such common-sense legislation and urges Congress to act swiftly and pass the PROSPECT Act.”

“Latinos are enrolling in college in record numbers. But support services are needed to help them finish on time, such as expanded access to quality early childhood education for student-parents,”

said

Eric Rodriguez, Senior Vice President of Policy and Advocacy at UnidosUS.

“The PROSPECT Act will lift up entire families by expanding child care at college campuses, helping with college completion and providing young children a strong start in early education and life.”

(VIDEO) Be on the Lookout for the Spotted Lanternfly

TRENTON, NJ (December 2019)–The State of New Jersey is warning the public once again about the dangerously invasive spotted lanternfly. It has been found in Camden, Cape May, Gloucester, Hunterdon, Mercer, Burlington, Salem, Somerset and Warren counties. State officials say that Cape May and Gloucester counties are among the newest additions to the list.

Spotted Lanternfly Background

• Detected on September 22, 2014 in Berks County Pennsylvania

• Spotted Lanternfly (SLF) is a plant hopper, Lycorma delicatula (white) belonging to the family Fulgoridae in the order Hemiptera (true bugs).

• Makes use of over 70 different plant species, including fruit trees, ornamental trees, woody trees, vegetables, herbs and vines. Strongly prefers the invasive “Tree of Heaven”

Damage

• Like most hemipterans, SLF feeds on plants using their sucking and piercing mouthparts to extract plant sap.

• Adults and nymphs feed on phloem tissues of young stems with their piercing and sucking mouthparts and excrete large quantities of liquid (honeydew).

• Feeding creates weeping wounds

• Honeydew facilitates the growth of sooty mold

• Weeping Sap attracts activity from hymenopteran such as wasps, hornets, ants, bees etc.

• Impacts quality of outdoor life for everyone

MORE INFORMATION HERE

Avalon Honors Employees, Municipal Engineer

for Contributions and Achievements

Avalon Mayor Martin Pagliughi and Borough Council honored employees who achieved milestones in longevity of service benchmarks during the Wednesday, December 18

Borough Council meeting. Mayor and Council also presented a special proclamation to Municipal Engineer Tom Thornton of Mott MacDonald for achieving the distinction of 2019 Engineer of the Year from the New Jersey Society of Municipal Engineers.

“We are proud of the dedication of service our employees provide to the community that truly makes Avalon one of the best communities in New Jersey”, said Avalon Mayor Martin Pagliughi. “We are also proud of Tom’s efforts as he and his team have been very valuable contributors to our capital and resiliency projects in Avalon”.

The following employees have been recognized with Certificates of Achievement for their service to Avalon:

35 years: Arthur Ridler, Murray Wolf

30 years: Ernest Blood, Cynthia Dandridge, Council President Dr. Nancy Hudanich, Kimberly Mastriana

25 years: Kevin Scarpa, Kathleen Seliger, Kevin Scarpa

20 years: Stephen Camp, Jeffrey Christopher, Richard E. Dean, Sr., Michael Dean, Tracey Eppright

15 years: Alexis Coan, Michelle Devine

10 years: Stephen Bowers, Robert Hampf, Nicholas Jefferes, Nathan Morey, William Robinson III, Zachary Saduk, Michael Scythes

5 years: Gregory Armstrong, Michelle Auxer, Daniel Berglund, Brenda Camp, Brandon Cooper, Travis Cooper, Anthony Decesero Jr, James Waldron

Thornton achieved his individual honor during a meeting of the New Jersey League of Municipalities in Atlantic City on November 20

. He has served as Avalon’s municipal engineer since 2002 and has a leadership position on Avalon’s Floodplain Management Committee. Engineer Jeff Betz and Thornton were instrumental in the engineering services that produced Avalon’s popular Surfside Park, which received an award at the same meeting. That project was designed by Taylor Design Group of Mt. Laurel, NJ.

Area Teen Delivers More Than 1,000 Gifts to Jefferson Health New Jersey Patients

in Honor of Late Brother

Shown, from right, are: DJ’s aunt, Lakesia Anderson; John Graham, Chief Administrative Officer, Jefferson Washington Township Hospital; DJ Alexis; and his “elf” friends, who helped deliver the gifts to pediatric patients.

Turnersville, NJ –

DJ Alexis, a 17-year-old high school student from Sicklerville, NJ, came to Jefferson Washington Township Hospital on Monday, December 23 — along with his parents and several friends — to deliver toys and books for young patients in the ED, Women’s and Children’s, and Pediatric units, as well as kids and teens who receive care through Jefferson’s New Jersey-based Behavioral Health program.

This is the eighth year DJ has held his toy drive in memory of his newborn brother, Emanuel, who died at the hospital during the holiday season in 2006. DJ’s efforts this year resulted in his largest donation day yet — a combined 1,350 toys and books, after a months-long toy drive that pooled the efforts of friends, schoolmates, family members, and area businesses.

Attorney General, DEP Commissioner Announce the Filing of Two New NRD Lawsuits

The State Filed Eight NRD Lawsuits in 2019, Twice the Number Filed in 2018

Handy & Harman Complaint

Sherwin-Williams Complaint

NRD Sites Poster

NRD Fact Sheet

TRENTON –

Continuing to hold New Jersey’s polluters accountable, Attorney General Gurbir S. Grewal and Department of Environmental Protection (DEP) Commissioner Catherine R. McCabe today announced the filing of two new Natural Resource Damage (NRD) lawsuits, one against The Sherwin Williams Company and the other against Handy & Harman Electronic Materials Corp.

The complaint against Sherwin Williams arises out of the company’s operations at sites in Gibbsboro, Voorhees Township and Lindenwold in Camden County. The State alleges that Sherwin Williams manufactured oil-based paints, lacquers and varnishes, and in the process discharged industrial wastes into the ground, into nearby Hilliards Creek and into other surrounding creeks and lakes.

The complaint against Handy & Harman arises out of its operations of an etching and surfacing facility in Montvale, Bergen County in the 1980s. During Handy & Harman’s ownership, the complaint alleges, hazardous substances – including the chemical TCE (trichloroethylene) – were discharged on the property, resulting in the contamination of groundwater and the closure of nearby drinking water wells.

Today’s NRD lawsuits mark another step in Attorney General Grewal and Commissioner McCabe’s efforts to revitalize New Jersey’s environmental enforcement program. After eight years in which the State did not file any new NRD actions, the State has now filed 12 NRD actions in two years. In 2019 alone, the State filed eight such actions, including the two filed today.

“As Attorney General, I have been committed to holding polluters accountable for the legacy of contamination they left in our state,” said Attorney General Grewal. “Too many companies have treated the public’s natural resources like private dumping grounds, despite the health risks to our residents and the harms to our environment. That is why we’ve spent the past two years making polluters pay for the damage they caused, efforts that continue with today’s lawsuits. I am proud of the twelve natural resource damage actions that we filed in just two years, and I know that we are only getting started.”

“Today’s two lawsuits continue DEP’s unwavering commitment to go beyond the cleanup of contaminated sites to requiring the restoration or compensation for the damage to our precious natural resources,” said DEP Commissioner McCabe. “Enforcing our state’s laws against past abuses helps put us on track toward a cleaner, healthier future for all New Jerseyans.”

Sherwin Williams

The Sherwin Williams Company for decades operated a paint manufacturing plant and conducted related operations at multiple sites across Gibbsboro, Voorhees Township and Lindenwold. From the mid-1800s until the 1970s, Sherwin Williams and its predecessors manufactured a variety of paint products, including dry colorants, lacquers, varnishes, resins and both oil-based and water-based paints. As part of its operations, the company used and stored thousands of gallons of hazardous materials such as lead oxide, zinc oxide, lead chromate, and sulfuric acid.

According to today’s lawsuit, Sherwin Williams for many years discharged a “substantial amount of hazardous substances and industrial chemicals” into the ground and surface water. According to the complaint, the contaminants discharged include lead, arsenic and other heavy metals, as well as a variety of potentially harmful chemical compounds and waste paints. At one point in the plant’s history, the complaint notes, locals in and around Gibbsboro, Voorhees and Lindenwold rechristened Hilliards Creek as “Rainbow Creek,” because the water would take on different colors “depending on the color of the paint that Sherwin Williams was manufacturing and/or disposing of on a given day.”

The complaint alleges that Sherwin Williams spent decades knowingly contaminating the environment, and consistently “ignored orders” from DEP to address the pollution it had created. The complaint also asserts that the company “repeatedly issued misleading or inaccurate statements … to downplay its responsibility for the contamination.”

Given the company’s noncompliance with DEP orders, the complaint continues, DEP was forced to refer the sites over to the U.S. Environmental Protection Agency, which placed two of the sites on the National Priorities List as Superfund sites decades ago. The EPA, working with DEP, is overseeing that remediation. DEP is now seeking damages for that prior pollution. The State’s seven-count complaint alleges violations of New Jersey’s Spill Act, Water Pollution Control Act, and Solid Waste Management Act, as well as common law claims involving public nuisance, trespass and negligence. As part of this filing, the State is seeking punitive damages.

Handy & Harman

From 1970 until 1986, Handy & Harman Electronic Materials Corp. and its predecessor conducted metal etching and surfacing operations at a three-acre property located at 20 Craig Road in Montvale, Bergen County. Operations included the cleaning of electrical components through a degreasing process that relied on the solvent TCE.

According to the complaint, TCE was stored in a pair of 500-gallon, above-ground storage tanks located behind the facility, with waste TCE stored in drums located throughout the property.

According to the lawsuit, “numerous” discharges of TCE occurred both inside and outside the plant during its operating years. As a result of the contamination, several drinking water wells operated by the Borough of Park Ridge were impacted, which led to these drinking wells’ closure decades ago.

In December 1986, Handy & Harman entered into an Administrative Consent Order with DEP requiring that the company investigate and remediate environmental contamination at the site. Since then, investigation and remediation activities have taken place both on the property and at impacted drinking water wells surrounding the property.

Through today’s action, DEP seeks to recover damages for the prior injuries to natural resources, as well as for the cleanup and removal costs that have been incurred by the State in the past and that are likely to be incurred going forward.

The six-count complaint alleges violations of the Spill Act, Water Pollution Control Act, and Solid Waste Management Act, and common law claims involving public nuisance, trespass and negligence. (The complaint names other defendants as well, including Steel Partners Holdings, which acquired all outstanding shares of Handy & Harman.)

Environmental Enforcement Program

Under the leadership of Attorney General Grewal and Commissioner McCabe, the State has significantly strengthened its environmental enforcement program. In particular:

The State filed 12 NRD lawsuits in the past two years, including its first such actions in a decade, and including eight in 2019 alone. The cases involved:

Exxon-Mobil, for pollution at its Lail facility in Gloucester County

The manufacturers and distributors of a toxic family of chemicals known as “PFAS” (per- and polyfluoroalkyl substances); and

E.I. DuPont de Nemours, including for pollution in Pompton Lakes and at its Chambers Works site.

Filed fourteen environmental justice lawsuits, encompassing a range of urban and rural communities across New Jersey, in December 2018 and November 2019.

Filed other enforcement actions against polluters, including those responsible for:

A solid waste dump in Vernon Township, Sussex County (Feb. 2019);

A solid waste dump in Plumsted Township, Ocean County (Aug. 2019); and

Odor pollution in the Ironbound section of Newark (Sept. 2019).

Filed lawsuits against the federal government to:

Successfully prevent offshore drilling off the New Jersey coast;

Prevent the Trump Administration from rolling back critical federal rules that address climate change, clean air, and clean water; and

Ensure that the federal government takes steps required by law to reduce the ozone pollution entering New Jersey.