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New Update in PFAS/AFFF Litigation: Why Filing Before September 5, 2025, Matters

On August 15, 2025, the Court overseeing the nationwide PFAS (per- and polyfluoroalkyl substances) / AFFF (Aqueous Film-Forming Foam) litigation issued Case Management Order No. 35 (“CMO 35”), a major development that directly affects individuals who have not yet filed a claim. This new order created a “Filing Facilitation Window” that gives plaintiffs until September Read More

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Appellate Division Affirms NJDEP’s Broad Authority To Ensure Public Beach Access Under New Jersey’s Public Access Law

The public trust doctrine is the common law principle that a state holds tidally flowed lands up to the mean high-water mark in trust for the people. New Jersey’s 2019 Public Access Law affirms that this doctrine is “not fixed or static,” but instead adopts to meet changing conditions and public needs. The law gives Read More

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Appellate Division Affirms NJDEP’s Broad Authority To Ensure Public Beach Access Under New Jersey’s Public Access Law

The public trust doctrine is the common law principle that a state holds tidally flowed lands up to the mean high-water mark in trust for the people. New Jersey’s 2019 Public Access Law affirms that this doctrine is “not fixed or static,” but instead adopts to meet changing conditions and public needs. The law gives Read More

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New Jersey’s Anti-SLAPP Law: A Growing Shield for Free Speech

Since 2023, New Jersey has had a powerful Anti-SLAPP law on the books – the Uniform Public Expression Protection Act (UPEPA) – designed to stop lawsuits that punish people for speaking out on public issues. SLAPP stands for Strategic Lawsuit Against Public Participation. These suits are often brought by wealthy or powerful plaintiffs – corporations, Read More

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Municipalities Must Offer More Than Generic Zoning Purposes to Prove Substantial Governmental Interest

The Appellate Division reversed the trial court’s grant of summary judgment in favor of defendants Egg Harbor Township (the “Township”) and the Township Planning Board, finding that they did not sustain their summary judgment burden regarding the constitutionality of one of their ordinances. In Garden State Outdoor, LLC v. Egg Harbor Twp., 2025 N.J. Super. Read More

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New Jersey District Court Addresses Relevance of PFAS Toxicity Evidence Under New Jersey’s Water Pollution Control Act

Per- and polyfluoroalkyl substances, commonly known as “PFAS” or “forever chemicals,” are a family of manmade chemical compounds that are highly resistant to heat, water, oil, and degradation. These properties led to their widespread use in products like Teflon, stain-resistant fabrics, firefighting foam, pesticides, and food packaging. Once released into the environment—whether through industrial discharges, Read More

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Potential PFAS Settlement in New Jersey Signals a New Era of Accountability

In a landmark development in New Jersey environmental litigation, chemical manufacturer 3M has agreed to a proposed $285 million judicial consent order with the New Jersey Department of Environmental Protection (NJDEP) to resolve claims related to PFAS – also known as “forever chemicals.” If approved by the court, this will become the largest PFAS settlement Read More

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Historic PFAS Trial Begins as New Jersey Takes on DuPont

The long-anticipated environmental trial between the New Jersey Department of Environmental Protection (DEP) and chemical giant DuPont officially began yesterday, marking a pivotal moment in the fight against PFAS contamination in New Jersey. Lieberman Blecher & Sinkevich is closely following this landmark case, and partner Stuart Lieberman was in the Camden court room for the Read More

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Chemours Co. and EIDP Inc. Move For Partial Summary Judgment on PFAS Pollution in North Carolina

The State of North Carolina has sued DuPont and two affiliated companies, EIDP, Inc. and Chemours Co., for the alleged contamination of North Carolina’s natural resources due to the Defendants’ operations at a chemical manufacturing facility known as Fayetteville Works. The State of North Carolina maintains that the Defendants use of per- and polyfluoroalkyl substances Read More

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Federal District Court Confirms NJ SLAPP Law Applies in Federal Proceedings

In a closely watched decision, the U.S. District Court for the District of New Jersey held that New Jersey’s anti-SLAPP law – the Uniform Public Expression Protection Act (UPEPA), codified at N.J.S.A. 2A:53A-49 – can be applied in federal court under certain circumstances. The case, Paucek v. Shaulis, involved defamation-adjacent claims based on online criticisms Read More

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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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