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New Jersey Department of Environmental Protection (NJDEP)
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DCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls

By Michele Donato, Esq. and Stuart Lieberman, Esq. In the 1990’s, developers claimed that municipal residential development ordinances lacked uniformity, increased development costs, and caused uncertainty in the development process. In response, and over the objections of the League of Municipalities and New Jersey Planning Officials, the Legislature amended the Municipal Land Use Law (MLUL) Read More

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Middlesex County Water Contamination

On October 22, 2021, Middlesex Water Company sent a notice to all residents whose homes were supplied by Middlesex Water Company’s Park Avenue Treatment Plant in South Plainfield. Residences in parts of Edison, Metuchen, South Plainfield, and Woodbridge received this notice. Middlesex Water tested their groundwater and found that it contained levels of Perfluorooctanoic Acid Read More

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Holding Polluters Accountable in New Jersey

The acting Attorney General of New Jersey, Andrew J. Bruck, and the New Jersey Department of Environmental Protection Commissioner, Shawn M. LaTourette, announced seven new environmental enforcement actions were filed in New Jersey. These lawsuits are conducive to the Murphy Administration’s movement to bring environmental justice to all communities of New Jersey, specifically overburdened communities. Read More

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Holding Polluters Accountable in New Jersey

The acting Attorney General of New Jersey, Andrew J. Bruck, and the New Jersey Department of Environmental Protection Commissioner, Shawn M. LaTourette, announced seven new environmental enforcement actions were filed in New Jersey.These lawsuits are conducive to the Murphy Administration’s movement to bring environmental justice to all communities of New Jersey, specifically overburdened communities. Pollution Read More

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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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Recent Blog Posts

Lieberman Blecher and Historic Paulus Hook Association Successfully Save Historic Jersey City Buildings from Demolition

Lieberman Blecher & Sinkevich, P.C. successfully represented the Historic Paulus Hook Association before the Jersey City Zoning Board on June 7, protecting two historic buildings from demolition. In 2018, St. Peter’s
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Lieberman Blecher and Historic Paulus Hook Association Successfully Save Historic Jersey City Buildings from Demolition

Supreme Court concludes that attorney review period is not a requirement of absolute auction contracts

On June 9, 2022, the New Jersey Supreme Court unanimously decided that attorney review period is not a required contractual provision for a residential real estate sale by absolute auction.
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Supreme Court concludes that attorney review period is not a requirement of absolute auction contracts

It Depends on the Language – The Non-Disparagement Clause

How enforceable is a non-disparagement clause in an agreement? As is always the case with any contract or agreement, it depends on the language. On May 31, 2022, the Appellate Division
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It Depends on the Language – The Non-Disparagement Clause

DCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls

By Michele Donato, Esq. and Stuart Lieberman, Esq. In the 1990’s, developers claimed that municipal residential development ordinances lacked uniformity, increased development costs, and caused uncertainty in the development process. In
Read More
DCA Tries Again to Use RSIS to Limit Municipal Stormwater Controls

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.

    Read More
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