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Author Archive
Stuart Lieberman
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Wind turbines: The answer my friend is not always blowing in the wind

By | Published August 18, 2015 | Posted in New Jersey Department of Environmental Protection (NJDEP), Wind Energy | Leave a comment

The Superior Court of New Jersey in Re: Petition of Fisherman’s Atlantic City Windfarm, LLC for the Approval of the State Waters Wind Project and Authorizing Offshore Wind Renewable Energy Certificates, (2015) considered an appeal by Fishermen’s Atlantic City Windfarm, LLC, (FACW) for approval of a wind energy project that would be subsidized by the Read More

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Pre-emption of solid waste regulation in NJ can be a real problem for local officials

By | Published August 10, 2015 | Posted in Land Use Regulation Program (LURP), New Jersey Environmental Laws | Leave a comment

The Superior Court of New Jersey in Gary Walker d/b/a Omega Material Recovery v. Board of Chosen Freeholders of the County of Burlington, (2015) considered an appeal to amend the Burlington County District Solid Waste Management Plan (the District Plan) in order to approve a site for a solid waste transfer station and material recovery Read More

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DEP Proposes New Rules Governing New Jersey LSRPs

By | Published February 9, 2015 | Posted in Legislation and Rulemaking, New Jersey Department of Environmental Protection (NJDEP) | Tagged Tags: , , , | Leave a comment

The Department of Environmental Protection (DEP) has just proposed new rules that will govern how Licensed Site Remediation Professionals (LSRPs) work, and the standards that apply to their work in the State of New Jersey. The draft regulations were published in the January 5, 2015 New Jersey Register. When adopted, they will be codified as N.J.A.C. Read More

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No Time Limit to Sue for Environmental Cleanup Costs in New Jersey

By | Published January 26, 2015 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Industrial Site Recovery Act (ISRA), Litigation, Site Remediation Reform Act | Tagged Tags: , , , , , , , , , , , | Leave a comment

No Statute of Limitations Applies to Private Spill Act Claims The regulated community breathed a collective sigh of relief when New Jersey’s highest court released its decision today in Morristown Associates v. Grant Oil Co., — NJ — (2015), where it held that the state’s general six-year statute of limitations is not applicable to private “contribution” lawsuits Read More

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The Price Tag to Develop on Preserved Land in NJ May be Going Up

By | Published December 12, 2014 | Posted in Development, Environmental & Natural Resources, Legislation and Rulemaking, Proposed Legislation | Tagged Tags: , , | Leave a comment

The New Jersey Legislature is considering a bill (S-570) which would result in companies paying more to develop building on public land. The bill proposes that proposed projects on preserved land in the state would be assessed for how much revenue that project would generate. The proposal is intended to help balance the value to Read More

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Appellate Division Affirms Franklin Township Ban on Digital Billboards

By | Published October 21, 2014 | Posted in Development, Land Use, Permitting | Tagged Tags: , , | Leave a comment

The New Jersey Appellate Division recently upheld a decision by Franklin Township, New Jersey to ban digital billboards along a stretch of Interstate 287, while allowing static billboards to be implemented. The Appellate Division determined that no violation of the First Amendment took place as part of the ban, with Judge Marianne Espinosa stating that Read More

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NJ Supreme Court to Hear Argument in Environmental Spill Case on Oct. 6

By | Published September 15, 2014 | Posted in Appeals, Environmental Cleanup Cost Recovery, Environmental Litigation, Hazardous & Contaminated Site Remediation, Litigation, New Jersey Department of Environmental Protection (NJDEP), Underground Storage Tanks | Tagged Tags: , , , , , , | Leave a comment

NJ High Court to Decide if 6 Year Statute of Limitation Applies to Environmental Cleanup Cost Recovery Claim Under the Spill Act On October 6, 2014, the Supreme Court of New Jersey will be hearing oral argument in Morristown Assoc. v Grant Oil Co., 432 N.J.Super 287 (App. Div. 2013), a case involving the statute Read More

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NJ Appeals Court Requires Hearing on Wetlands Impacts in Post-Condemnation Valuation Proceeding

By | Published June 23, 2014 | Posted in Appeals, Coastal & Waterfront Development, Condemnation, Wetlands | Tagged Tags: , , , , , | Leave a comment

After New Jersey Transit used its power of condemnation to take fourteen acres of vacant land in North Bergen from a private landowner (Mori), a valuation proceeding followed. The case, New Jersey Transit v. Mori, focused on one of fourteen acres that contained wetlands regulated by the federal government (US Army Corp of Engineers or Read More

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Law Division Dismisses Complaint Regarding Planning Board Jurisdiction in Commercial Development

By | Published May 20, 2014 | Posted in Community Associations, Development, Homeowner Associations | Tagged Tags: , , , , , | Leave a comment

The New Jersey Law Division dismissed in March 2014 the complaint of Pavilion Homeowners Assn. v. Brick Twp. Planning Board, Law Div. (Ocean County) (Grasso, A.J.S.C.) (10 pp.), regarding a proposal to construct a Roy Rogers restaurant in the Township. The Court was faced with deciding whether or not the defendant’s notice to nearby owners Read More

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Appellate Division Takes Victory in Wetlands Takings Case from the State

By | Published April 23, 2014 | Posted in Development, Environmental Litigation, Land Use, New Jersey Department of Environmental Protection (NJDEP), Redevelopment, Wetlands | Tagged Tags: , , , | Leave a comment

A state appeals court reversed the dismissal of a regulatory takings law suit on April 17th in the case of LH Wagner Realty Corp and Leo H Wagner v. the DEP, Docket Number A-3441-12T4. The procedural history of the case is a bit confusing, but the essence of it concerns the effect of a state Read More

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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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