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Environmental Litigation
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Environmental Citizen Suit Rosses 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

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

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

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

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

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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NJDEP new stormwater regulations are in effect

Developers in New Jersey must now meet the State’s new stormwater regulations. New Jersey has had numerous generations of stormwater regulations, some of which have had to be revised following court challenges. Stormwater regulation is the control of rainwater that cannot not be naturally absorbed as a result of new development or disturbances. Poor stormwater Read More

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New Jersey families allege birth defects and severe illnesses due to major chemical companies’ discharges and emissions

Families in New Jersey have filed multiple lawsuits in the District Court of New Jersey alleging that their birth defects and/or illnesses are the result of chemical pollution. Four suits have been filed over the last year and others appear on the horizon. The named major corporate defendants include DuPont, Chemours Arkema, and 3M. The Read More

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Attorney General, Department of Environmental Protection file another round of environmental justice lawsuits

Just last week, Attorney General Grewal and DEP Commissioner LaTourette announced a new slew of environmental justice lawsuits filed with regard to nine different properties across the state. Seven of the nine lawsuits are intended to address pollution in “overburdened communities,” including Secaucus, Edison, and Egg Harbor City. The complaints allege numerous environmental claims, including Read More

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NJDEP’s environmental justice initiative targets polluters in minority and low-income areas

In August of 2020, the NJ Department of Environmental Protection (DEP) filed 12 new enforcement actions in one day against specific defendant polluters as part of an environmental justice initiative. The polluters exclusively targeted were those whose actions have threatened the health and safety of residents in minority and lower income communities. Some of the Read More

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Recent Blog Posts

Condo Liability In Snow Storms

by: Noah Botwinick The Superior Court of New Jersey’s Appellate Division recently overturned a grant of summary judgement to a defendant community association sued by a pedestrian who slipped on ice in a condominium
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Condo Liability In Snow Storms

Lieberman Blecher and Sinkevich Announces New Partner and New Associate

Lieberman Blecher & Sinkevich, PC is proud to announce the naming of Ms. Brittany W. DeBord, Esq. as a shareholder. Brittany joined the firm as an associate attorney in 2016,
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Lieberman Blecher and Sinkevich Announces New Partner and New Associate

Village of Ridgefield Park v. Outfront Media, LLC and Planning/Zoning Board of the Borough of Bogota

The Superior Court of New Jersey’s Appellate Division recently upheld a board decision to approve the settlement of an application for a conditional use variance and final site plan approval
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Village of Ridgefield Park v. Outfront Media, LLC and Planning/Zoning Board of the Borough of Bogota

PCBs and other chemicals found in Colonia high school

How is it that PCBs and other cancer causing compounds have been found in Colonia High School? Where is the outrage? Where is the speedy competent response? A mother of a
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PCBs and other chemicals found in Colonia high school

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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