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NJDEP’s Handling of Unregulated Heating Oil Tanks after May 7, 2012

As everyone in the environmental community in New Jersey is now well-aware, the privatization of environmental clean-ups in New Jersey as required by the Site Remediation Reform Act (“SRRA”), which was signed into law by Governor Corzine on May 7, 2009, comes into full effect on May 7, 2012.  As of May 7, 2012, all… Read More »

This Newsletter: Site Remediation Reform, Natural Resource Damages and more

There are a number of new and exciting developments this Spring concerning Lieberman & Blecher’s environmental, land use and litigation practice areas that we are excited to share with you. Our attorneys have been following the latest developments in site remediation and natural resource damage law, and we have been participating in regional and national… Read More »

Changes to NJ Contaminated Site Remediation: May 7, 2012 Deadline Draws Near

When the Site Remediation Reform Act (“Act”) was passed in 2009, the New Jersey Department of Environmental Protection’s (“NJDEP”) mandatory opt-in date of May 7, 2012 appeared to be very far away. However, with that date fast approaching, some site owners are scrambling to meet compliance with the Act. If you have not been bombarded… Read More »

March 2012 Newsletter: USTs, Landfills, Environmental Insurance and more

In this issue of the Lieberman & Blecher, P.C. newsletter, our attorneys discuss the frequency of new underground storage tank release claims, the need for enviornmental insurance, and landfill-related litigation in South Jersey. Read it here.

What Constitutes Harassment of an Endangered Species?

The Appellate Division of the Superior Court of New Jersey recently reviewed a case where the Court had to examine what the State Legislature intended when it made it illegal to “harass” endangered species pursuant to the state’s Endangered and Nongame Species Conservation Act (ENSCA).  In New Jersey v. Cullen, the New Jersey Department of… Read More »

NJDEP Rolls Out New “Waiver Rule,” Forgoes Strict Compliance with Certain Environmental Regulations

After taking office in January 2010, Governor Christie signed an Executive Order “establishing ‘Common Sense Principles’ for State rules and regulations that will give this State the opportunity to energize and encourage a competitive economy to benefit businesses and ordinary citizens.”   The Governor ordered all State agencies to implement common sense procedures, including “waivers from… Read More »

NJ Community Association Liability for Maintenance of Public Sidewalks

Community Associations are often concerned about the extent of their liability for the maintenance of public rights of way located within their boundaries. The New Jersey Supreme Court recently shed light on this issue in the case of Luchjeko v. Hoboken, where the Court held that condominium associations are not liable to pedestrians injured as… Read More »

Future of Federal Climate Change Law Remains Uncertain

In American Electric Power v. Connecticut, 131 S. Ct. 2527 (2011), the United States Supreme Court rendered its first decision on climate change since the Court’s landmark decision in Massachusetts v. EPA, 549 U.S. 497, 127 S. Ct. 1438 (2007). In Massachusetts, the Supreme Court held that the Clean Air Act, 42 U.S.C. § 7401… Read More »

Recent Decision by the U.S. Supreme Court Concerning Clean Water Act (Wetlands) Enforcement

Earlier in January, the U.S. Supreme Court heard oral argument in Sacket v. EPA, a Clean Water Act (“CWA”) enforcement case that concerns whether CWA administrative orders are subject to pre-enforcement judicial review. In the Sacket case, the property owners planned to build a home on a one-half acre parcel of land in Idaho. After… Read More »

EPA Report Suggests “Fracking” May Cause Groundwater Contamination

The issue of hydraulic fracturing (or “fracking”) has been hot topic of late, in no small part because of the search for cheaper, more reliable sources of domestic energy. Fracking refers to the process by which pressurized water or fluids are injected into a geologic formation in order to create fractures in the rock that… Read More »