By Shawn LaTourette | Published October 22, 2013 | Posted in Environmental Litigation, Hazardous & Contaminated Site Remediation, Legislation and Rulemaking, Litigation | Tagged Tags: CERCLA, District Court of New Jersey, EPA, RCRA, Spill Act, Spill Compensation and Control Act | Leave a comment
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Shawn LaTourette
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⟨ Third Circuit Finds Jurisdiction Over RCRA Claims is Exclusively Federal
On August 6, 2013, a decision by the United States Court of Appeals for the Third Circuit held that the federal district courts hold exclusive jurisdiction over Resource Conservation and Recovery Act (RCRA) claims. In Litgo New Jersey, Inc. v. Commissioner New Jersey Department of Environmental Protection, __ F.3d __ (3d Cir. 2013), the Third Read More
Read MoreL&B Helps to Protect Lake Hopatcong, Ensure Public Access & Protect Property Rights
Our legal team at Lieberman Blecher & Sinkevich recently filed a lawsuit and order to show cause on behalf of a landowner on Lake Hopatcong against the New Jersey Department of Environmental Protection (NJDEP) and Hopatcong State Park’s proposed drawdown of Lake Hopatcong’s water, scheduled to commence on September 22, 2013. The proposed drawdown would Read More
Read MoreRemembering Dr. Ella Filippone of the Passaic River Coalition
For several years, the attorneys at Lieberman Blecher & Sinkevich have provided pro-bono services to the Passaic River Coalition in connection with its mission to acquire, preserve, and protect land within the Passaic River watershed in northern New Jersey. Our attorneys have served on the Board of Trustees of the organization, sitting beside Dr. Ella Read More
Read MoreFirm Congratulates its "Super Lawyers" and "Rising Stars"
Lieberman Blecher & Sinkevich 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 Read More
Read MoreNJDEP Updates Vapor Intrusion Guidance
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
Read MoreNJDEP 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
Read MoreRCRA Remains a Viable Cause of Action to Pursue Cleanup of Contaminated Sites in New Jersey
A recent decision from the Third Circuit further confirms that state remediation standards, while instructive, are not dispositive of a claim under the federal Resource Conservation and Recovery Act (“RCRA”). Raritan Baykeeper v. NL Industries, Inc., No. 10-2591, 2011 U.S. App. LEXIS 20021 (Oct. 3, 2011), is at least the third decision in our jurisdiction Read More
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