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Category Archive
Environmental Litigation
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Appellate Division Emphasizes the Standard of Scientifically Recognized Methodology Necessary to Admit Expert Testimony

By | Published January 13, 2025 | Posted in Appellate Practice, Environmental Litigation, Site Remediation | Tagged Tags: , , , , , , , | Comments Off on Appellate Division Emphasizes the Standard of Scientifically Recognized Methodology Necessary to Admit Expert Testimony

The Appellate Division emphasized in an unreported decision the standard of methodology-based testimony that experts must demonstrate in order to be deemed reliable and admissible into evidence. In Dorrell v. Woodruff Energy, 2021 N.J. Super. Unpub. LEXIS 397, the Appellate Division reiterated that a party advancing expert testimony must show that the proffered witness has Read More

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Lieberman Blecher & Sinkevich Proudly Halts Huge Pinelands Residential Development on Environmental Grounds

By | Published January 6, 2025 | Posted in Environmental Justice, Environmental Litigation, Land Use, Litigation, Zoning | Tagged Tags: , , , , , , | Comments Off on Lieberman Blecher & Sinkevich Proudly Halts Huge Pinelands Residential Development on Environmental Grounds

On December 5, 2024, the Pemberton Township Planning Board voted 6-3 to reject an application for an 89-unit residential development, based on environmental concerns brought to the Board by the Pinelands Preservation Alliance, represented by Lieberman Blecher & Sinkevich. The potential developer proposed to place the large residential development at a site off Lakehurst Road Read More

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Court Affirms DEP Direct Oversight of Remediation Efforts of PFAS Polluting Plant

By | Published January 24, 2023 | Posted in Environmental Litigation | Tagged Tags: , , , , , | Comments Off on Court Affirms DEP Direct Oversight of Remediation Efforts of PFAS Polluting Plant

  This week, in In re Dep’t of Envtl. Prot. Direct Oversight Determination, No. A-0635-20, 2023 WL-125229 (App. Div. Jan. 9, 2023), New Jersey’s Appellate Division affirmed a Department of Environmental Protection (DEP) determination that a manufacturing plant was subject to direct oversight of its remediation of discharged hazardous substances. In 2019, the DEP issued Read More

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Insurance Providers Exempted from Providing Coverage Under Policy’s Pollution Exclusion

By | Published January 11, 2023 | Posted in Environmental Litigation | Tagged Tags: , , , | Comments Off on Insurance Providers Exempted from Providing Coverage Under Policy’s Pollution Exclusion

In an unpublished opinion about an insurance coverage dispute, the Superior Court of New Jersey’s Appellate Division held last week that prior owners of a polluted property who were sued by the current owners were properly denied coverage by their insurance providers because of a pollution exclusion contained in the prior owners’ comprehensive general liability Read More

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Environmental Citizen Suit Loses Because Notice Was Not Sufficient

By | Published August 29, 2022 | Posted in Environmental Litigation | Tagged Tags: , , , | Comments Off on Environmental Citizen Suit Loses Because Notice Was Not Sufficient

Under both state and federal law here in New Jersey, parties are entitled to file lawsuits against polluters using the environmental laws of the state. These cases are frequently called citizens suits, and in these cases private citizens act in the stead  of the Attorney General and enforce state and federal laws usually enforced by Read More

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Proposed Legislation for Larger Retailers to Use Smaller Boxes

By | Published April 11, 2022 | Posted in Environmental Issues, Environmental Litigation, New Jersey Environmental Laws | Tagged Tags: , , , , | Comments Off on Proposed Legislation for Larger Retailers to Use Smaller Boxes

John McKeon is proposing new legislation that would fine large online retailers and big box stores for shipping items in boxes that are more than twice the size of the product being shipped. If passed, the fine would range from $200 to $500 for each offense. The idea for his proposed legislation came when John Read More

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Environmental Insurance Dispute to be Heard in New Jersey courts

By | Published January 17, 2022 | Posted in Environmental Litigation | Tagged Tags: , , , | Comments Off on Environmental Insurance Dispute to be Heard in New Jersey courts

On December 30, 2021 the Appellate Division of the Superior Court decided Getty Prop. Corp. v. St. Paul Fire & Marine Ins. Co. Getty Properties Corp. (“Getty”) filed an appeal from the Superior Court’s dismissal of their complaint against Travelers, AIG, and Bedivere (“Insurance Companies”). Getty had polluted groundwater in New Jersey, Pennsylvania, and Maryland Read More

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Don’t Let a Leaking Heating Oil Tank Ruin Your Life

By | Published October 5, 2021 | Posted in Environmental Issues, Environmental Litigation, Hazardous & Contaminated Site Remediation | Tagged Tags: , , , , , , | Comments Off on Don’t Let a Leaking Heating Oil Tank Ruin Your Life

Every environmental lawyer deals with leaking heating oil homeowner tanks. They are very frightening to homeowners who have never experienced an environmental problem before. Leaking heating oil tanks can cost very little to address, sometimes just several thousand dollars. But we have also seen residential tank cleanups that have cost hundreds of thousands of dollars, Read More

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Appeals Court Allows Strict Liability Claims to Proceed Against Large New Jersey Refinery

By | Published October 4, 2021 | Posted in DEP Environmental Justice Program, Environmental & Natural Resources, Environmental Cleanup Cost Recovery, New Jersey Department of Environmental Protection (NJDEP) | Tagged Tags: , , , , | Comments Off on Appeals Court Allows Strict Liability Claims to Proceed Against Large New Jersey Refinery

For years many New Jersey lawyers understood that the mere storage of petroleum was not an abnormally dangerous activity. That is an important concept because those who engage in abnormally dangerous activities are strictly liable for harm coming from those activities, independent of fault. This is called strict liability and for decades oil companies have Read More

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Environmental Hearing Requests by Third Parties: An Update

By | Published September 15, 2021 | Posted in Environmental Litigation, New Jersey Department of Environmental Protection (NJDEP) | Tagged Tags: , , , | Comments Off on Environmental Hearing Requests by Third Parties: An Update

In 2010 this author contributed an article discussing the difficulty that anyone other than an applicant had in administratively contesting a permit. Stuart J. Lieberman and Shari M. Blecher, “It’s No Party for Third Parties,” 200 N.J.L.J. 1, 1-2 (2010). Things have not improved. In two recent cases, the Appellate Division made clear that third 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...

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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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