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Category Archive
Litigation
61 - 70 of 70
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NJ Appellate Court Sets New Precedent in Land Use Case, Allowing Beach Property Owners’ Case to Proceed

By | Published September 18, 2012 | Posted in Appeals, Beaches & Coast, Coastal & Waterfront Development, Development, Land Use | Tagged Tags: , , , | Leave a comment

In Mullen v. The Ippolito Corporation, a recent published decision rendered by the Appellate Division of the New Jersey Superior Court, the owners of a single-family home adjacent to a pre-existing nonconforming motel were allowed to move forward with their action in lieu of a prerogative writ that sought mandamus relief against the Borough of Read More

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Firm Saves County Recycling Facility from Closure

By | Published September 16, 2012 | Posted in Administrative Law, Appeals, Industrial Facilities, Industries, Landfills, Litigation, New Jersey Environmental Laws, Waste Management | Tagged Tags: , , , , | Leave a comment

Lieberman Blecher & Sinkevich was recently retained by a Central New Jersey recycling facility targeted by the County for closure.  The County had sought an Order from a Superior Court to shut the facility on the basis that it allegedly posed several environmental risks. In order to prepare for oral argument an Order to Show Read More

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Update: Greenhouse Gas Cap-and-Trade in New Jersey

By | Published September 4, 2012 | Posted in Administrative Law, Climate Change, Environmental Issues, Legislation and Rulemaking, Litigation, New Jersey Department of Environmental Protection (NJDEP), New Jersey Environmental Laws | Tagged Tags: , , , , , | Leave a comment

The “cap-and-trade” emissions reduction concept is still a relatively recent phenomenon; one that uses free markets to help further the goal of environmental protection. In short, cap-and-trade limits the amount of air emissions that a facility can discharge into the atmosphere. When a facility emits less than its capped amount, it retains “credits” that can Read More

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Borough of Union Beach Prevails in Wind Turbine Appeal

By | Published August 25, 2012 | Posted in Appeals, Beaches & Coast, Coastal & Waterfront Development, Coastal Area Facility Review Act (CAFRA), Condemnation, Environmental Litigation, Land Use, Litigation, New Jersey Environmental Laws, Permitting, Renewable Resources, Wind Energy | Leave a comment

On August 10, 2012, the Appellate Division of the New Jersey Superior Court ruled in favor of a firm client, the Borough of Union Beach, reversing a decision of a Monmouth County trial court from April 2011. The specific issue on appeal in this litigation concerned a December 2010 decision by the Union Beach Planning Read More

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NJ Appellate Court Limits Reach of Suydam Rule in Condemnation Cases

By | Published August 17, 2012 | Posted in Appeals, Brownfields, Condemnation, Development, Environmental Litigation, Hazardous & Contaminated Site Remediation, Landfills, Litigation, Redevelopment | Leave a comment

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 Appellate Court Invalidates NJDEP Decision on Freshwater Wetlands Violations

By | Published July 25, 2012 | Posted in Administrative Law, Appeals, Development, Freshwater Wetlands Protection Act (FWPA), Land Use, Litigation, New Jersey Department of Environmental Protection (NJDEP), New Jersey Environmental Laws, Permitting, Redevelopment | Tagged Tags: , , , , , | Leave a comment

The New Jersey Appellate Division has reversed several severe penalties assessed under the Freshwater Wetlands Act and several related statutes, which were levied against an owner of historic property in Lebanon and Washington Townships in New Jersey. The case, which was initially heard before the Office of Administrative Law, was appealed after the NJDEP Commissioner Read More

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NJ High Court Rules Law Clinic Not Subject to OPRA Disclosure

By | Published July 18, 2012 | Posted in Development, Environmental Issues, Land Use, Litigation, Redevelopment, SLAPP Suits | Tagged Tags: , , , , , , , | Leave a comment

In an opinion on July 5, 2012, the New Jersey Supreme Court determined that the Rutgers Environmental Law Clinic (RELC), a public law school clinic, is not subject to the Open Public Records Act (OPRA).  The main legal issue in this case was whether the clinic, by virtue of its ties to Rutgers, a state Read More

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NJ Appeals Court Invalidates ISRA Regulation Requiring “Contamination Free” Certifications For Certain Industrial Sites

By | Published July 10, 2012 | Posted in Appeals, Hazardous & Contaminated Site Remediation, Industrial Facilities, Industrial Site Recovery Act (ISRA), Litigation, New Jersey Environmental Laws, Redevelopment | Tagged Tags: , , , , | Leave a comment

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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Possible Changes to NJ Class Action Procedure

By | Published July 3, 2012 | Posted in Class Actions, Legislation and Rulemaking, Proposed Legislation | Leave a comment

On May 21, 2012, the New Jersey Assembly Judiciary Committee voted 6-0 in favor of A-894, which would establish a right to an immediate interlocutory appeal from class certification determinations in class action lawsuits. A class action is a legal mechanism that enables people allegedly harmed by a common act or omission to join with Read More

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Lawsuits Against the Environmental Protection Agency (EPA)

By | Published January 1, 2012 | Posted in Administrative Law, Environmental Litigation, Litigation | Tagged Tags: , , , , | Leave a comment

Ever since Congress created the United States Environmental Protection Agency (or “EPA”) in 1970, one of the Agency’s primary functions has been the enforcement of lawsuits brought against companies and, in some cases, individuals. The EPA has filed thousands of lawsuits all across the country, seeking to enforce legislative edicts that include the Clean Air 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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