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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

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Recent 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

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"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

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Rebuilding 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

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Attorneys 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

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NJ 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

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NJ 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

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NJ 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

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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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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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Recent Twitter Posts

  • New Jersey Legislature Passes National Precedent Setting Environmental Justice Bill. https://t.co/P8ybU2UrtD
    3 months ago
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    4 months ago
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Recent Blog Posts

Lead Exposure and Frivolous Litigation

Owners of older residential properties are likely familiar with the legal requirement to provide warnings concerning the existence of lead. Lead exposure, particularly amongst children, can result in severe, even
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Lead Exposure and Frivolous Litigation

New Jersey Supreme Court rules the PLA does not preempt CFA claims by consumers

Now more than ever, consumer protection is important. As a result of the Covid-19 pandemic, we see new products on our shelves, promising safe disinfection for hands and surfaces as
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New Jersey Supreme Court rules the PLA does not preempt CFA claims by consumers

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

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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