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Borough of Union Beach Prevails in Wind Turbine Appeal

By | Published August 25, 2012 | Posted in Appeals, Beaches & Coast, Coastal & Waterfront Development, Coastal Area Facility Review Act (CAFRA), Condemnation, Environmental Litigation, Land Use, Litigation, New Jersey Environmental Laws, Permitting, Renewable Resources, Wind Energy | Leave a comment

On August 10, 2012, the Appellate Division of the New Jersey Superior Court ruled in favor of a firm client, the Borough of Union Beach, reversing a decision of a Monmouth County trial court from April 2011. The specific issue on appeal in this litigation concerned a December 2010 decision by the Union Beach Planning Read More

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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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Possible Changes to NJ Class Action Procedure

By | Published July 3, 2012 | Posted in Class Actions, Legislation and Rulemaking, Proposed Legislation | Leave a comment

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

By | Published July 3, 2012 | Posted in Environmental Issues, Hydraulic Fracturing, Industries, Legislation and Rulemaking, Natural Gas, Proposed Legislation | Leave a comment

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

By | Published June 19, 2012 | Posted in Beaches & Coast, Coastal & Waterfront Development, Coastal Area Facility Review Act (CAFRA), Development, Land Use, New Jersey Department of Environmental Protection (NJDEP), New Jersey Environmental Laws, Redevelopment | Leave a comment

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

By | Published May 7, 2012 | Posted in Hazardous & Contaminated Site Remediation, Licensed Site Remediation Professionals (LSRP), New Jersey Department of Environmental Protection (NJDEP), New Jersey Environmental Laws, Site Remediation Reform Act, Underground Storage Tanks | 1 Comment

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

By | Published May 5, 2012 | Posted in Environmental Litigation, Hazardous & Contaminated Site Remediation, Licensed Site Remediation Professionals (LSRP), New Jersey Department of Environmental Protection (NJDEP), Newsletters, Site Remediation Reform Act | Leave a comment

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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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...

    Read More

  • 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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