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Category Archive
Litigation
51 - 60 of 70
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NJDEP Can Conduct Warrantless Searches Under Freshwater Wetlands Protection Act

By | Published April 19, 2013 | Posted in Administrative Law, Coastal & Waterfront Development, Coastal Area Facility Review Act (CAFRA), Constitutional Law, Development, Environmental Issues, Freshwater Wetlands Protection Act (FWPA), Land Use, Litigation, New Jersey Environmental Laws | Tagged Tags: , , , , , , , , | Leave a comment

In 1987, the New Jersey Legislature passed the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1, et seq. (“FWPA”), to protect and regulate New Jersey’s vast sensitive freshwater wetlands. This law followed the Wetlands Act of 1970, N.J.S.A. 13:9A-1, et seq., which delineated and regulated New Jersey’s coastal wetlands. The FWPA established a permitting process which a Read More

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NJDEP "Waiver Rule" Upheld by Appellate Court

By | Published March 25, 2013 | Posted in Administrative Law, Appeals, Coastal & Waterfront Development, Development, Land Use, Legislation and Rulemaking, New Jersey Environmental Laws, Permitting, Planning, Redevelopment, Zoning | Tagged Tags: , , , , , , , , , , | Leave a comment

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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Firm Congratulates its "Super Lawyers" and "Rising Stars"

By | Published March 21, 2013 | Posted in Appeals, Environmental Issues, Environmental Litigation, Land Use, Litigation | Tagged Tags: , , | Leave a comment

Lieberman Blecher & Sinkevich is pleased to announce that founding partners Stuart J. Lieberman and Shari M. Blecher*, as well as recently named shareholder Michael G. Sinkevich, Jr.*, have been named “Super Lawyers” and “Rising Stars” by Super Lawyers Magazine.**  This is a continued honor for our founding partners, who were excited to discover that Read More

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NJ Appeals Court Reverses Lane Use Variances in Closter Case

By | Published January 17, 2013 | Posted in Appeals, Development, Land Use | Tagged Tags: , , , | Leave a comment

NJ Appeals Court Reverses Lane Use Variances in Closter Case Applicants before zoning boards and planning boards must prove that their application is consistent with local zoning.  In other words, as a general matter, only residential applications can be approved within zones that are limited to residential use.  Likewise, commercial applications are only acceptable in zones Read More

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Firm Pursues Lawsuit for Victims of Derailed Train that Spilled Vinyl Chloride

By | Published January 8, 2013 | Posted in Environmental Litigation, Litigation, Toxic Tort & Injury Claims, Vinyl Chloride | Tagged Tags: , , , , , , | Leave a comment

The environmental attorneys at Lieberman Blecher & Sinkevich are filing what will be the third in a series of lawsuits relating to a train that derailed in Paulsboro, NJ, releasing vinyl chloride (a carcinogen) into the environment, when a bridge collapsed beneath it on the morning of November 30, 2012. This case, brought on behalf Read More

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Court Does Not Buy The "It's My Consultant's Fault" Argument, Affirms Penalties Against PRP for Sampling Failures

By | Published December 27, 2012 | Posted in Administrative Law, Appeals, Environmental Litigation, Hazardous & Contaminated Site Remediation, Litigation, New Jersey Department of Environmental Protection (NJDEP), Underground Storage Tanks | Tagged Tags: , , , , , | Leave a comment

In a recent environmental case decided by the New Jersey Appellate Division, the court upheld a $20,000 penalty assessment against a leading South Jersey fuel oil company for failing to engage in proper sampling after an underground storage tank containing gasoline was found to have leaked.  The appeals court was not persuaded by the responsible parties’ “it’s my Read More

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Homeowner Fails to Conduct Due Diligence; Found Liable for Environmental Cleanup

By | Published October 16, 2012 | Posted in Appeals, Environmental Litigation, Hazardous & Contaminated Site Remediation, Litigation, Underground Storage Tanks | Tagged Tags: , , , , , , | Leave a comment

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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No Sunset for Solar Farm in West Windsor, NJ

By | Published October 12, 2012 | Posted in Development, Environmental Issues, Industries, Land Use, Litigation, Renewable Resources | Tagged Tags: , , , , , | Leave a comment

At the end of last month, a massive solar panel farm was given the green light to begin construction at Mercer County Community College as a result of a Superior Court ruling.  A group of local residents were denied an injunction to block the project, which they argued would cause a decrease of property value Read More

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NJ Appellate Court Decides Beach Access Case in Sea Bright, NJ

By | Published October 9, 2012 | Posted in Appeals, Beaches & Coast, Coastal & Waterfront Development, Development, Environmental Issues, Environmental Litigation, Land Use, Litigation | Leave a comment

On September 28, 2012, the Appellate Division rendered a decision in Chiesa v. D. Lobi Enterprises, Inc., relying extensively upon the seminal 2005 beach access case, Raleigh Avenue Beach Ass’n v. Atlantis Beach Club, Inc., 185 N.J. 40 (2005), argued by Lieberman Blecher & Sinkevich’s own Stuart Lieberman. Raleigh Avenue Beach Ass’n held that upland Read More

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NJ Supreme Court Rules On Causation Required In Spill Act Claims

By | Published September 30, 2012 | Posted in Appeals, Hazardous & Contaminated Site Remediation, Litigation | Tagged Tags: , , , , , , , , , , | Leave a comment

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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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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