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Author Archive
Stuart Lieberman
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NJ Appellate Court Limits Reach of Suydam Rule in Condemnation Cases

By | Published August 17, 2012 | Posted in Appeals, Brownfields, Condemnation, Development, Environmental Litigation, Hazardous & Contaminated Site Remediation, Landfills, Litigation, Redevelopment | Leave a comment

In the bellwether case of Housing Authority of the City of New Brunswick v. Suydam Investors, L.L.C., 177 N.J. 2 (2003), the New Jersey Supreme Court crafted a Solomon-like rule when it came to valuating environmentally impacted properties in eminent domain proceedings. The “Suydam” rule, as it has come to be known, essentially states that Read More

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NJ Appellate Court Invalidates NJDEP Decision on Freshwater Wetlands Violations

By | Published July 25, 2012 | Posted in Administrative Law, Appeals, Development, Freshwater Wetlands Protection Act (FWPA), Land Use, Litigation, New Jersey Department of Environmental Protection (NJDEP), New Jersey Environmental Laws, Permitting, Redevelopment | Tagged Tags: , , , , , | Leave a comment

The New Jersey Appellate Division has reversed several severe penalties assessed under the Freshwater Wetlands Act and several related statutes, which were levied against an owner of historic property in Lebanon and Washington Townships in New Jersey. The case, which was initially heard before the Office of Administrative Law, was appealed after the NJDEP Commissioner Read More

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NJ High Court Rules Law Clinic Not Subject to OPRA Disclosure

By | Published July 18, 2012 | Posted in Development, Environmental Issues, Land Use, Litigation, Redevelopment, SLAPP Suits | Tagged Tags: , , , , , , , | Leave a comment

In an opinion on July 5, 2012, the New Jersey Supreme Court determined that the Rutgers Environmental Law Clinic (RELC), a public law school clinic, is not subject to the Open Public Records Act (OPRA).  The main legal issue in this case was whether the clinic, by virtue of its ties to Rutgers, a state Read More

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NJ Appeals Court Invalidates ISRA Regulation Requiring “Contamination Free” Certifications For Certain Industrial Sites

By | Published July 10, 2012 | Posted in Appeals, Hazardous & Contaminated Site Remediation, Industrial Facilities, Industrial Site Recovery Act (ISRA), Litigation, New Jersey Environmental Laws, Redevelopment | Tagged Tags: , , , , | Leave a comment

On Friday, July 6, 2012, the New Jersey Appellate Division invalidated a New Jersey Department of Environmental Protection (“NJDEP”) regulation requiring owners or operators of industrial establishments seeking an ISRA de minimis quantity exemption to certify that the land at issue is “clean,” i.e., free from contamination above specified action levels.  This decision, which may Read More

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

By | Published April 18, 2012 | Posted in Hazardous & Contaminated Site Remediation, Licensed Site Remediation Professionals (LSRP), New Jersey Department of Environmental Protection (NJDEP), Site Remediation Reform Act | Leave a comment

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

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

By | Published April 3, 2012 | Posted in Environmental Litigation, Landfills, Newsletters, Underground Storage Tanks | Leave a comment

In this issue of the Lieberman Blecher & Sinkevich 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.

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What Constitutes Harassment of an Endangered Species?

By | Published March 17, 2012 | Posted in Brownfields, Development, Endangered Species, Land Use, New Jersey Department of Environmental Protection (NJDEP), New Jersey Environmental Laws, Redevelopment, Threatened Species | Leave a comment

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

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NJ Community Association Liability for Maintenance of Public Sidewalks

By | Published February 6, 2012 | Posted in Uncategorized | Tagged Tags: , , , | Leave a comment

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

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Future of Federal Climate Change Law Remains Uncertain

By | Published February 6, 2012 | Posted in Uncategorized | Tagged Tags: , , , | Leave a comment

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

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

By | Published February 6, 2012 | Posted in Uncategorized | Tagged Tags: , , , | Leave a comment

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

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111 - 120 of 123
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Our Attorneys

In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • 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...

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  • 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.

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