By Stuart Lieberman | Published March 25, 2013 | Posted in Administrative Law, Appeals, Coastal & Waterfront Development, Development, Land Use, Legislation and Rulemaking, New Jersey Environmental Laws, Permitting, Planning, Redevelopment, Zoning | Tagged Tags: Appellate Advocacy, Environmental Compliance, Environmental Litigation, Environmental Rules and Regulations, Land Use Attorneys, New Jersey Appellate Division, New Jersey Department of Environmental Protection (NJDEP), NJDEP Waiver Rule, Published Cases, Regulatory Developments, Waiver Rule | Leave a comment
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Category Archive
Redevelopment
NJDEP "Waiver Rule" Upheld by Appellate Court
On March 21, 2013, an Appellate Division panel upheld the controversial “waiver rule” adopted by the New Jersey Department of Environmental Protection (NJDEP) last March. The rule has been promulgated at N.J.A.C. 7:1B-1.1, et seq. An outgrowth of Governor Chris Christie’s effort to reduce bureaucracy and encourage economic growth through application “common sense principles,” the Read More
Read MoreRecent NJ Appeals Court Ruling May Bring Trouble for Victims of Superstorm Sandy
Property owners affected by Superstorm Sandy may be in for a big surprise as they try to re-build their homes and businesses. In a recent NJ Appellate Division case, Motley v. Borough of Seaside Park, No. A03214-11 the Court strictly construed N.J.S.A.40:55D-68, holding that the statute only allows a nonconforming structure to be rebuilt if Read More
Read More"Rebuilding New Jersey," a Seminar on Nov. 29 at 5:30p
Lieberman Blecher & Sinkevich will be participating in a seminar focused on “Rebuilding New Jersey,” in the wake of Superstorm Sandy on Thursday, November 29, 2012 at 5:30 p.m. in New Brunswick, New Jersey. This devastating storm has left businesses, municipalities, homeowners and the legal community with many many questions. We will be teaming up Read More
Read MoreRebuilding in the Wake of Sandy: Insurance, Legal and Regulatory Issues
New Jersey and New York residents have suffered through one of the most difficult storms in American history with an unmatched trail of destruction in this part of the country. Now (and well over the next few years), comes the process of rebuilding what was lost or damaged. There will be serious economic and emotional Read More
Read MoreAttorneys Assisting in Hurricane Sandy Recovery
All of us at Lieberman Blecher & Sinkevich P.C. hope that you, your families, and colleagues are safe and well following Hurricane Sandy. Like many others, our offices experienced a power outage and delay in receiving e-mail and other communications. We are fully back online and stand ready to assist you, your business, and your Read More
Read MoreNJ Appellate Court Limits Reach of Suydam Rule in Condemnation Cases
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
Read MoreNJ Appellate Court Invalidates NJDEP Decision on Freshwater Wetlands Violations
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
Read MoreNJ High Court Rules Law Clinic Not Subject to OPRA Disclosure
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
Read MoreNJ 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
Read MoreRegulating 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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