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Contentious zoning board application heads to the final stage for approval

The Robbinsville Zoning Board of Adjustment is likely to approve an application for the construction of new warehouse that community members are less than thrilled about. Alleging environmental concerns as well as fears of traffic increases, activists and residents alike have not been shy in expressing their concerns to the Board, with around 80 interested Read More

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Lawsuit filed over Florida’s wetlands delegation

Several environment organizations have filed suit challenging the EPA’s relinquishment of control over wetlands in Florida. Many have criticized the manner in which Florida has historically regulated wetlands alleging that the regulation has been shotty resulting in the destruction of many protected wetlands. Control was relinquished by the federal government during the last month of Read More

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EPA ROLES BACK FEDERAL WETLANDS PROTECTIONS – AND GETS SUED FOR DOING SO

This past January, the federal government rolled back its protections of wetlands authorized under the United States Clean Water Act. The “Navigable Waters Protection Rule,” effective on June 22, 2020, revises the definition of “waters of the United States,” governing regulated waterways under the federal statute. This move was welcomed by various industry and agricultural Read More

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U.S. Supreme Court Affirms Army Corps Jurisdictional Determinations as Judicially Reviewable Final Agency Actions

On May 31, 2016, the United States Supreme Court unanimously held in United States Army Corps of Engineers v. Hawkes Co., Inc. that an Army Corps of Engineers jurisdictional determination (“JD”) is a judicially reviewable final agency action under the Administrative Procedure Act (the “APA”). No. 15-290, slip op., 578 U.S. ___ (May 31, 2016). Read More

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NJ Appeals Court Requires Hearing on Wetlands Impacts in Post-Condemnation Valuation Proceeding

After New Jersey Transit used its power of condemnation to take fourteen acres of vacant land in North Bergen from a private landowner (Mori), a valuation proceeding followed. The case, New Jersey Transit v. Mori, focused on one of fourteen acres that contained wetlands regulated by the federal government (US Army Corp of Engineers or Read More

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Appellate Division Takes Victory in Wetlands Takings Case from the State

A state appeals court reversed the dismissal of a regulatory takings law suit on April 17th in the case of LH Wagner Realty Corp and Leo H Wagner v. the DEP, Docket Number A-3441-12T4. The procedural history of the case is a bit confusing, but the essence of it concerns the effect of a state Read More

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Court Applies Principles of Penn Central v. New York in Coastal Wetlands Case

In Scot Netherlands, Inc. v. State of New Jersey, the plaintiff owned a 22.87-acre plot of land in Atlantic City that was vacant wetlands except for a rent-producing billboard on the site. In 2007, after owning the property for 30 years, the plaintiff filed an application with New Jersey Department of Environmental Protection (“DEP”) for Read More

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L&B Reflects on the Legacy of Environmental Activist Jane Tousman

Jane Tousman, a New Jersey environmental activist who made great strides in wetlands preservation in Edison, passed away on Saturday, March 22, 2014 at the age of 77 due to complications of a stroke. Jane dedicated much of her life to the battle for land preservation. Jane was known to be relentless and prepared; she 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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Recent Blog Posts

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

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

RLUIPA lawsuits and free beach parking

RLUIPA defense counsel took note of a Florida case earlier this year that questioned whether free beach access constituted a sincerely held religious belief under the RLUIPA statute. The case,
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RLUIPA lawsuits and free beach parking

Appellate Division Confirms Accessory Building’s Unused 80-Year-Old Plumbing Fixtures are Preexisting Nonconformity

Rantz v. Planning Board of the Borough of Bay Head, Docket No. A-2847-19 (App. Div. Sept. 8, 2021) This month, the Appellate Division upheld the Planning Board of the Borough of
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Appellate Division Confirms Accessory Building’s Unused 80-Year-Old Plumbing Fixtures are Preexisting Nonconformity

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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