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Governor Murphy’s NJDEP Proposes New Rule to Limit Carbon Dioxide Emissions

New Jersey Governor Phil Murphy’s administration proposed a new rule to combat greenhouse gas emissions, just before the start of his second term in office. The New Jersey Department of Environmental Protection proposed its strongest set of greenhouse gas regulations to date under the state’s climate change initiative, NJ PACT: New Jersey Protecting Against Climate Read More

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NJDEP Required to Implement Some Portions of Governor Murphy’s Environmental Justice Law Immediately

On September 22, 2021, NJDEP Commissioner Shawn LaTourette issued Administrative Order No. 2021-25, requiring the Department to apply environmental justice standards to permit applications. While the Environmental Justice Law, signed by Governor Murphy in September 2020, cannot yet be fully implemented, this Administrative Order applies environmental justice requirements while we wait for the DEP to Read More

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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 dangerous activities are strictly liable for harm coming from those activities, independent of fault. This is called strict liability and for decades oil companies have Read More

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Environmental Hearing Requests by Third Parties: An Update

In 2010 this author contributed an article discussing the difficulty that anyone other than an applicant had in administratively contesting a permit. Stuart J. Lieberman and Shari M. Blecher, “It’s No Party for Third Parties,” 200 N.J.L.J. 1, 1-2 (2010). Things have not improved. In two recent cases, the Appellate Division made clear that third Read More

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DEP to pursue cleanup of Lower Hackensack River

Last week, New Jersey Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette announced that the DEP will pursue the cleanup of the Lower Hackensack River as a federal Superfund site. This means that, if the designation request is accepted, the DEP will be working with the federal Environmental Protection Agency (EPA) to develop a Read More

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States file petition in U.S. Supreme Court over EPA’s Clean Air Act regulations

On June 18, 2021, twenty (20) states along with additional supporters filed a request for appeal to the U.S. Supreme Court that has the potential to affect States’ rights to regulate emissions limits under the Clean Air Act. Requesting the Supreme Court to hear an appeal involves filing a “Petition for a Writ of Certiorari” Read More

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EPA announces next step of clean-up plan at Superfund site in Burlington County

The Cinnaminson Groundwater Contamination Superfund Site spans 400 acres and straddles the border of Cinnaminson and Delran in Burlington County. “Superfund sites,” such as this one, are designated by the US Environmental Protection Agency (EPA) based on their actual or potential release of hazardous waste into the environment. Superfund sites are also remediated under the Read More

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NJDEP new stormwater regulations are in effect

Developers in New Jersey must now meet the State’s new stormwater regulations. New Jersey has had numerous generations of stormwater regulations, some of which have had to be revised following court challenges. Stormwater regulation is the control of rainwater that cannot not be naturally absorbed as a result of new development or disturbances. Poor stormwater Read More

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Warehouse Construction in NJ May Be Curtailed in Proposed Legislation

New Jersey State Senate subcommittees are currently considering a bill (S-3688) that aims to dramatically slow shipping and distribution warehouse construction across the State. Recently it seems that is the only thing that anyone has wanted to build in this state but some lawmakers believe that there may be such a thing as too many Read More

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Applications for apartment complexes across New Jersey face community pushback

Zoning and planning boards across the state have recently been confronted with some contentious hearings regarding applications for apartment complexes near neighborhoods typically zoned for single-family homes. The zoning board in Woodcliff Lake denied an application in July 2019 after seven months of hearings that is currently before the same board again in amended form. Read More

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Recent Blog Posts

Registration for the NJSBA Flood Summit on January 26th

Register Now for NJSBA Flood Summit, January 26 9:00am to 11:30 via Zoom Stuart Lieberman, Esq. of Lieberman Blecher & Sinkevich PC will moderate the virtual CLE, which will train advocates on
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Registration for the NJSBA Flood Summit on January 26th

Governor Murphy Blocks Vote on Passaic Valley Sewerage Commission for a More Indepth Review of Its Effects on the Environment

On January 13, 2022, Passaic Valley Sewerage Commission was to vote on a contract to build a $180 million back up generating power plant for its sewage treatment facility in
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Governor Murphy Blocks Vote on Passaic Valley Sewerage Commission for a More Indepth Review of Its Effects on the Environment

Environmental Insurance Dispute to be Heard in New Jersey courts

On December 30, 2021 the Appellate Division of the Superior Court decided Getty Prop. Corp. v. St. Paul Fire & Marine Ins. Co. Getty Properties Corp. (“Getty”) filed an appeal
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Environmental Insurance Dispute to be Heard in New Jersey courts

Governor Murphy’s NJDEP Proposes New Rule to Limit Carbon Dioxide Emissions

New Jersey Governor Phil Murphy’s administration proposed a new rule to combat greenhouse gas emissions, just before the start of his second term in office. The New Jersey Department of
Read More
Governor Murphy’s NJDEP Proposes New Rule to Limit Carbon Dioxide Emissions

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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