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New Jersey Defends its Sovereignty after PennEast petitions the Supreme Court

Penneast Pipeline Company is seeking relief from the United States Supreme Court in order to build the Penneast pipeline through the use of federal eminent domain. The pipeline has been a source of controversy in New Jersey, as environmental groups and the State continue to oppose its construction. Application for the pipeline was filed with Read More

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New Jersey Voters to Decide Important State Constitutional Amendment concerning the Environment

On Tuesday, November 7, 2017, New Jersey voters will be asked to decide on a state constitutional amendment regarding the use of natural resource damages collected by the State in environmental contamination cases. New Jersey has the authority to collect damages for restoration of natural resources under the New Jersey Water Pollution Control Act, N.J.S.A. Read More

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NJDEP Overreached in Seizing "Rotten Egg" Smelling Fenimore Landfill

Appeals Court Overturns NJDEP Seizure of Fenimore Landfill The Appellate Division of the New Jersey Superior Court concluded that the Fenimore Landfill, owned and operated by Strategic Environmental Partners LLC (SEP), should not have been closed and seized by the New Jersey Department of Environmental Protection (NJDEP) just thirty minutes after a new law was passed Read More

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L&B Helps to Protect Lake Hopatcong, Ensure Public Access & Protect Property Rights

Our legal team at Lieberman Blecher & Sinkevich recently filed a lawsuit and order to show cause on behalf of a landowner on Lake Hopatcong against the New Jersey Department of Environmental Protection (NJDEP) and Hopatcong State Park’s proposed drawdown of Lake Hopatcong’s water, scheduled to commence on September 22, 2013. The proposed drawdown would Read More

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NJDEP Can Conduct Warrantless Searches Under Freshwater Wetlands Protection Act

In 1987, the New Jersey Legislature passed the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1, et seq. (“FWPA”), to protect and regulate New Jersey’s vast sensitive freshwater wetlands. This law followed the Wetlands Act of 1970, N.J.S.A. 13:9A-1, et seq., which delineated and regulated New Jersey’s coastal wetlands. The FWPA established a permitting process which a Read More

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Billboards: A Constitutional Battleground

As Justice Byron White brought to our attention, “[e]ach method of communication has its own set of laws, and we deal here with the law of billboards.” This “law of billboards” seeks to resolve the confluence between the First Amendment and the billboard, a particularly unique means of expression–especially in our ever increasingly technical society Read More

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Recent Blog Posts

Notices and Appellate Review of a CAFRA Permit

In JSTAR, LLC v. New Jersey Department of Environmental Protection, et al., Docket No. A-1745-18T1, the Appellate Division in an unpublished decision revisited the issues of notice and a review
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Notices and Appellate Review of a CAFRA Permit

Preemption Isn’t Always the Answer: The Superior Court of New Jersey, Camden County Law Division highlights the necessary harmony between State legislation and municipal land use ordinances

On November 20, 2019, the Superior Court of New Jersey, Camden County Law Division, issued an opinion in the matter captioned Lakeview Memorial Park Association v. Burlington County Construction Board
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Preemption Isn’t Always the Answer: The Superior Court of New Jersey, Camden County Law Division highlights the necessary harmony between State legislation and municipal land use ordinances

Should the Association Pool be Reopened During COVID-19?

As the State of New Jersey slowly recovers from COVID-19, Governor Murphy has begun to reopen the state and relax restrictions on businesses and activities. Under Executive Order 153, outdoor
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Should the Association Pool be Reopened During COVID-19?

Federal Appeals Court Tosses Case by the Waterfront Commission Against the New Jersey Governor

Federal caselaw has long made it clear that states may not be sued in federal court unless they have consented to such suit or unless Congress has narrowly subjected a
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Federal Appeals Court Tosses Case by the Waterfront Commission Against the New Jersey Governor

In the media

  • 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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