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Regulatory Permitting, Compliance and Enforcement

New Jersey and New York Environmental Regulatory Matters: Permitting, Compliance and Enforcement

Navigating Environmental Regulations

The environmental lawyers at Lieberman Blecher & Sinkevich have a long history of assisting clients in understanding the environmental laws, rules and regulations that apply to their businesses, as well as their industrial, commercial and residential properties. From developing waterfront property to managing industrial wastewater, we help clients meet their environmental obligations. And, if our clients ever find themselves facing environmental enforcement actions, our attorneys posses the experience necessary to defend them vigorously before administrative bodies or the courts.

Environmental Permitting

Many business activities, and even some private activities, are subject to one form of environmental permitting or another. Land development and infrastructure projects are particularly likely to trigger environmental permitting requirements, especially in the highly developed northeast where open space is scarce, the population is dense, and development is often situated close to environmentally sensitive areas. Our attorneys have counseled clients in obtaining wetlands permits, solid and hazardous waste permits and water-related permits, among many others. The environmental permitting process often requires clients to work closely with regulators. Our attorneys frequently engage with regulators and have developed the relationships and reputation for lasting success that enables them to move matters forward quickly. This enables our clients to focus on their goals, not the bureaucratic process.

Environmental Compliance

There are a multitude of environmental statutes, regulations, and informal rules that govern how businesses conduct operations that may have an environmental impact, and how property owners utilize or develop their land. From the monitoring of hazardous chemicals and waste to the construction of residential docks in tidelands areas, environmental compliance obligations must be met. The environmental lawyers at Lieberman Blecher & Sinkevich have long served as counsel to companies and individuals concerning these obligations. Whether our clients are siting a recycling facility or bulkheading their waterfront property along the shore, we help them ensure that they are complying with the applicable environmental laws. From the monitoring of hazardous chemicals and waste to the construction of residential docks in tidelands areas, environmental compliance obligations must be met.

Environmental Enforcement Actions

Environmental regulators, and in some instances, members of the public, have the ability to enforce environmental laws. These enforcement actions can take the form of administrative proceedings before regulatory agencies, such as the United States Environmental Protection Agency and the New Jersey Department of Environmental Protection.  Such actions may also be brought before state and federal courts. The attorneys at Lieberman Blecher & Sinkevich have a wealth of experience in defending and pursuing environmental enforcement actions.

For clients faced with enforcement actions, we have enjoyed tremendous success in reducing or eliminating penalty assessments. We have been likewise successful in pursuing such actions under the citizen suit provisions of various environmental statutes for clients who believe that regulators have failed to adequately protect their communities. This range of experience enables our attorneys to examine issues from every possible angle.

Administrative Law

Our attorneys counsel clients concerning their participation in the legislative and administrative rulemaking processes. Clients of the firm are often concerned about the impact that potential legislation or regulations will have on their businesses and communities. Therefore, we represent clients in the public comment process by evaluating the impacts that potential laws may have and assisting clients in registering public comments. In situations where regulatory agencies fail to adequately observe the administrative process, our strong litigation background allows us to assist clients with legal challenges to the applicable rules or regulations.

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Recent Blog Posts

Appellate Division Declines to Allow Developer’s Four-Month-Late DOT Permit Appeal, Citing No Change in Circumstances

A Maple Shade Township developer’s appeal of permit conditions was untimely when they appealed four months past the deadline and without any change in circumstances justifying deadline relaxation, the Appellate
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Appellate Division Declines to Allow Developer’s Four-Month-Late DOT Permit Appeal, Citing No Change in Circumstances

The Friendly Neighborhood Scheme

You have lived happily in your home for years, content with the fact that all the houses on your street appear the same from the outside. A deed restriction that
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The Friendly Neighborhood Scheme

NJDEP Required to Implement Some Portions of Governor Murphy’s Environmental Justice Law Immediately

On September 22, 2021, NJDEP Commissioner Shawn LaTourette issued Administrative Order No. 2021-25, requiring the Department to apply environmental justice standards to permit applications. While the Environmental Justice Law, signed
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NJDEP Required to Implement Some Portions of Governor Murphy’s Environmental Justice Law Immediately

Manalapan Cemetery’s Application for Crematorium Accessory Use Requires Zoning Board Approval, Appellate Division Holds

Even though a crematorium performs a similar function to a traditional cemetery, a pre-existing nonconforming cemetery cannot add one to its grounds, extending its nonconformity, without Zoning Board approval. In Old
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Manalapan Cemetery’s Application for Crematorium Accessory Use Requires Zoning Board Approval, Appellate Division Holds

In the media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
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