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Category Archives: Environmental Litigation
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 »
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 »
Firm Congratulates its “Super Lawyers” and “Rising Stars”
Mar 21st
Lieberman & Blecher is pleased to announce that founding partners Stuart J. Lieberman and Shari M. Blecher*, as well as recently named shareholder Michael G. Sinkevich, Jr.*, have been named “Super Lawyers” and “Rising Stars” by Super Lawyers Magazine.** This is a continued honor for our founding partners, who were excited to discover that shareholder Michael… Read More »
January 2013 Environmental Law & Land Use Update
Feb 1st
Our latest newsletter is out! In this issue, our attorneys discuss: The latest developments in New Jersey Spill Compensation and Control Act (“Spill Act”) jurisprudence; Updates to the New Jersey Department of Environmental Protection’s Vapor Intrusion Guidance; Challenges to the NJDEP’s controversial “waiver rule;” An update concerning our firm’s efforts to help residents of the Paulsboro, NJ community… Read More »
NJDEP Updates Vapor Intrusion Guidance
Feb 1st
Effective this month, the NJDEP has updated its vapor intrusion guidance. Vapor intrusion or “VI” refers to hazardous substances in contaminated soil or groundwater that may volatilize (i.e., disperse as a gas) and migrate upward through subsurface soils or other pathways and impact the indoor air quality of overlying buildings. Depending on the extent of hazardous substances… Read More »
Firm Pursues Lawsuit for Victims of Derailed Train that Spilled Vinyl Chloride
Jan 8th
The environmental attorneys at Lieberman & Blecher are filing what will be the third in a series of lawsuits relating to a train that derailed in Paulsboro, NJ, releasing vinyl chloride (a carcinogen) into the environment, when a bridge collapsed beneath it on the morning of November 30, 2012. This case, brought on behalf of… Read More »
Court Does Not Buy The “It’s My Consultant’s Fault” Argument, Affirms Penalties Against PRP for Sampling Failures
Dec 27th
In a recent environmental case decided by the New Jersey Appellate Division, the court upheld a $20,000 penalty assessment against a leading South Jersey fuel oil company for failing to engage in proper sampling after an underground storage tank containing gasoline was found to have leaked. The appeals court was not persuaded by the responsible parties’ “it’s my… Read More »
Homeowner Fails to Conduct Due Diligence; Found Liable for Environmental Cleanup
Oct 16th
In a wake-up call for the residential property market, on September 28, 2012, the Appellate Division of the New Jersey Superior Court found that a residential property owner with a leaking underground storage tank that was “closed” before he purchased the property was liable for cleanup costs because he failed to conduct a due diligence… Read More »
NJ Appellate Court Decides Beach Access Case in Sea Bright, NJ
Oct 9th
On September 28, 2012, the Appellate Division rendered a decision in Chiesa v. D. Lobi Enterprises, Inc., relying extensively upon the seminal 2005 beach access case, Raleigh Avenue Beach Ass’n v. Atlantis Beach Club, Inc., 185 N.J. 40 (2005), argued by Lieberman & Blecher’s own Stuart Lieberman. Raleigh Avenue Beach Ass’n held that upland sand… Read More »
NJ Supreme Court Rules On Causation Required In Spill Act Claims
Sep 30th
This week, the New Jersey Supreme Court issued a decision in New Jersey Department of Environmental Protection v. Dimant, where the high court was asked to consider the level of causation needed to find a party liable for environmental cleanup costs under the New Jersey Spill Compensation and Control Act. The “Spill Act,” a predecessor… Read More »
