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Category Archives: Development
Happy Historic Preservation Month
May 22nd
May is Historic Preservation month in New Jersey, and the 23rd Annual Preservation awards were just presented by the State Historic Sites Council. Congratulations to the award recipients! See the original release with the list of winners from the New Jersey Department of Environmental Protection here. The preservation process is one that entails planning, patience,… Read More »
Facing the Evidence: Spoliation and Social Media
May 15th
Litigants, be wary! The casual and innocent acts of cleaning your home, disposing of old documents, or even deactivating your Facebook account may be the subject of a lawsuit against you. This is what occurred in Gatto v. United Air Lines, Inc. 10-cv-1090-ES-SCM, in which the plaintiff in a personal injury action deleted his Facebook… Read More »
New Online Services Announced to Accelerate Applications for Permits and Public Notifications
May 10th
In an effort to continue reducing red tape and delays in vital Sandy rebuilding and recovery projects, the New Jersey Department of Environmental Protection (NJDEP) announced May 9, 2013, that a new series of online services has been launched. These services are aimed to streamline and digitize the permit application and public notification process. Both… Read More »
Lieberman & Blecher Paves the Way with 1st Victory for the City of Vineland!
Apr 29th
Lieberman & Blecher was hired as special environmental counsel by the City of Vineland concerning the former Pure Earth Recycling facility previously located within the City. Pure Earth was engaged in recycling activities that involved processing contaminated soils, waste oil, and other materials on the property. Pure Earth abruptly ceased operations in 2011 due to… Read More »
New DEP Permit Rules will Simplify Sandy Recovery Efforts
Apr 22nd
The Christie Administration filed emergency rules to assist in the expedition of Superstorm Sandy-related recovery and rebuilding on March 17, 2013. These rules are meant to cut through unnecessary red tape that is delaying some aspects of New Jersey’s recovery from Sandy for both homes and businesses. The rules also contain portions that will expedite… Read More »
NJDEP Can Conduct Warrantless Searches Under Freshwater Wetlands Protection Act
Apr 19th
In 1987, the New Jersey Legislature passed the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1, et seq. (“FWPA”), to protect and regulate New Jersey’s vast sensitive freshwater wetlands. This law followed the Wetlands Act of 1970, N.J.S.A. 13:9A-1, et seq., which delineated and regulated New Jersey’s coastal wetlands. The FWPA established a permitting process which a… Read More »
Post-Sandy Dune Construction: Not So Fast
Apr 17th
Did Superstorm Sandy make it safe for the State to deride waterfront property owners for refusing to allow the State to erect two-story beach dunes on their waterfront property? The State may think that such extreme protective measures may be more politically palpable because, after living through Sandy and witnessing her destruction, New Jerseyans better… Read More »
NJDEP Updates Elevation Standards and Flood Maps
Apr 10th
On March 26, 2013 the Administration of Governor Christie filed an adoption package that will set new statewide elevation standards, based on flood maps by the Federal Emergency Management Agency (FEMA). This package will keep an emergency rule from January 2013 in place. The update reflects the first change to New Jersey’s coastal county flood… Read More »
NJDEP “Waiver Rule” Upheld by Appellate Court
Mar 25th
On March 21, 2013, an Appellate Division panel upheld the controversial “waiver rule” adopted by the New Jersey Department of Environmental Protection (NJDEP) last March. The rule has been promulgated at N.J.A.C. 7:1B-1.1, et seq. An outgrowth of Governor Chris Christie’s effort to reduce bureaucracy and encourage economic growth through application “common sense principles,” the… Read More »
Recent NJ Appeals Court Ruling May Bring Trouble for Victims of Superstorm Sandy
Mar 22nd
Property owners affected by Superstorm Sandy may be in for a big surprise as they try to re-build their homes and businesses. In a recent NJ Appellate Division case, Motley v. Borough of Seaside Park, No. A03214-11 the Court strictly construed N.J.S.A.40:55D-68, holding that the statute only allows a nonconforming structure to be rebuilt if… Read More »
