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

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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Possible Changes to NJ Class Action Procedure

On May 21, 2012, the New Jersey Assembly Judiciary Committee voted 6-0 in favor of A-894, which would establish a right to an immediate interlocutory appeal from class certification determinations in class action lawsuits. A class action is a legal mechanism that enables people allegedly harmed by a common act or omission to join with Read More

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Recent Hydraulic Fracturing Developments in New Jersey and New York

On June 25, 2012, the New Jersey Senate passed bill A-575 by a vote of 30-5 that would prevent hydraulic fracturing waste from entering New Jersey.  While New Jersey does not have the large pockets of natural gas found in neighboring Pennsylvania, no rules or laws have been enacted in New Jersey regarding the acceptance Read More

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Regulating Public Access to New Jersey’s Beaches & Coastal Areas

With the State’s 127 miles of Atlantic Ocean coastline, public access to New Jersey’s beaches has long been a hot topic, and not just when the thermometer tops 90 degrees, as is expected along the Jersey Shore this week.  Conflicts between public access rights and private land ownership are at play on the sand (and Read More

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NJDEP's Handling of Unregulated Heating Oil Tanks after May 7, 2012

As everyone in the environmental community in New Jersey is now well-aware, the privatization of environmental clean-ups in New Jersey as required by the Site Remediation Reform Act (“SRRA”), which was signed into law by Governor Corzine on May 7, 2009, comes into full effect on May 7, 2012.  As of May 7, 2012, all Read More

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This Newsletter: Site Remediation Reform, Natural Resource Damages and more

There are a number of new and exciting developments this Spring concerning Lieberman Blecher & Sinkevich’s environmental, land use and litigation practice areas that we are excited to share with you. Our attorneys have been following the latest developments in site remediation and natural resource damage law, and we have been participating in regional and Read More

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

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

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?

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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NJDEP 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

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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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