By Michael Sinkevich | 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: Coastal Wetlands, Environmental Litigation, Environmental Penalties, Environmental Rules and Regulations, Freshwater Wetlands, Land Use Attorneys, New Jersey Department of Environmental Protection (NJDEP), New Jersey Freshwater Wetlands Protection Act, Wetlands | Leave a comment
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New Jersey Environmental Laws
NJDEP Can Conduct Warrantless Searches Under Freshwater Wetlands Protection Act
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
Read MoreNJDEP "Waiver Rule" Upheld by Appellate Court
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
Read MoreJanuary 2013 Environmental Law & Land Use Update
Our latest newsletter is out! In this issue, our attorneys discuss: The latest developments in New Jersey Spill Compensation and Control Act (“Spill Act”) jurisprudence; Updates to the New Jersey Department of Environmental Protection’s Vapor Intrusion Guidance; Challenges to the NJDEP’s controversial “waiver rule;” An update concerning our firm’s efforts to help residents of the Paulsboro, NJ community Read More
Read MoreNJDEP Updates Vapor Intrusion Guidance
Effective this month, the NJDEP has updated its vapor intrusion guidance. Vapor intrusion or “VI” refers to hazardous substances in contaminated soil or groundwater that may volatilize (i.e., disperse as a gas) and migrate upward through subsurface soils or other pathways and impact the indoor air quality of overlying buildings. Depending on the extent of hazardous substances Read More
Read More"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
Read MoreRebuilding 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
Read MoreNJ Gov. Christie Vetoes Anti-Fracking Legislation
In an earlier blog post this July, we reviewed recent hydraulic fracturing (or “fracking”) developments in New Jersey and New York. The legal and political landscape concerning fracking continues to evolve, including in Trenton, where, on September 21, 2012, New Jersey Governor Chris Christie vetoed bill A-575—a proposal to ban wastewater and other hydraulic fracturing Read More
Read MoreFirm Saves County Recycling Facility from Closure
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
Read MoreUpdate: Greenhouse Gas Cap-and-Trade in New Jersey
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
Read MoreBorough of Union Beach Prevails in Wind Turbine Appeal
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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