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Hazardous & Contaminated Site Remediation
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Homeowner Fails to Conduct Due Diligence; Found Liable for Environmental Cleanup

In a wake-up call for the residential property market, on September 28, 2012, the Appellate Division of the New Jersey Superior Court  found that a residential property owner with a leaking underground storage tank that was “closed” before he purchased the property was liable for cleanup costs because he failed to conduct a due diligence Read More

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NJ Supreme Court Rules On Causation Required In Spill Act Claims

This week, the New Jersey Supreme Court issued a decision in New Jersey Department of Environmental Protection v. Dimant, where the high court was asked to consider the level of causation needed to find a party liable for environmental cleanup costs under the New Jersey Spill Compensation and Control Act. The “Spill Act,” a predecessor 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 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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NJDEP's Handling of Unregulated Heating Oil Tanks after May 7, 2012

As everyone in the environmental community in New Jersey is now well-aware, the privatization of environmental clean-ups in New Jersey as required by the Site Remediation Reform Act (“SRRA”), which was signed into law by Governor Corzine on May 7, 2009, comes into full effect on May 7, 2012.  As of May 7, 2012, all Read More

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This Newsletter: Site Remediation Reform, Natural Resource Damages and more

There are a number of new and exciting developments this Spring concerning Lieberman Blecher & Sinkevich’s environmental, land use and litigation practice areas that we are excited to share with you. Our attorneys have been following the latest developments in site remediation and natural resource damage law, and we have been participating in regional and Read More

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Changes to NJ Contaminated Site Remediation: May 7, 2012 Deadline Draws Near

When the Site Remediation Reform Act (“Act”) was passed in 2009, the New Jersey Department of Environmental Protection’s (“NJDEP”) mandatory opt-in date of May 7, 2012 appeared to be very far away. However, with that date fast approaching, some site owners are scrambling to meet compliance with the Act. If you have not been bombarded Read More

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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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