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Lead-Based Paint Inspections in Rental Dwellings

Lead is a naturally occurring element that is widely used in many products including gasoline, cosmetics, and paint. Lead-based paint is usually not hazardous if it is in good condition. However, paint that is peeling, chipped, cracked, or in some way damaged or lead dust, that forms when lead paint is scraped, sanded or heated, Read More

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Congratulations to Shawn LaTourette on being nominated by Governor Murphy as the next DEP Commissioner

Lieberman Blecher & Sinkevich congratulate Shawn LaTourette on his nomination as the new Department of Environmental Protection Commissioner by Governor Phil Murphy earlier today.  Shawn has been the Acting Commissioner of the DEP since January. Shawn was our colleague at Lieberman Blecher & Sinkevich for many years where he worked on environmental litigation and regulatory matters. Shawn Read More

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COVID -19 and New Jersey Real Estate Transactions

The real estate industry relies on person to person activity. Real estate sales people meet their clients in person. They show them real estate in person. They hold open houses in person. And then they usually conduct closings in person. Of course this industry has been greatly impacted by COVID-19 and business cannot be conducted Read More

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Five Tips for Tenants with Coronavirus Financial Hardship

The shutdown of our economy has crippled many companies in New Jersey. Tenants who are operating businesses that have been negatively impacted need help if they will be able to continue now and after the stay-at-home orders are lifted. Even businesses who receive government assistance may very well need financial help to remain viable. Many Read More

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NJ Community Association Liability for Maintenance of Public Sidewalks

Community Associations are often concerned about the extent of their liability for the maintenance of public rights of way located within their boundaries. The New Jersey Supreme Court recently shed light on this issue in the case of Luchjeko v. Hoboken, where the Court held that condominium associations are not liable to pedestrians injured as Read More

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Future of Federal Climate Change Law Remains Uncertain

In American Electric Power v. Connecticut, 131 S. Ct. 2527 (2011), the United States Supreme Court rendered its first decision on climate change since the Court’s landmark decision in Massachusetts v. EPA, 549 U.S. 497, 127 S. Ct. 1438 (2007). In Massachusetts, the Supreme Court held that the Clean Air Act, 42 U.S.C. § 7401 Read More

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Recent Decision by the U.S. Supreme Court Concerning Clean Water Act (Wetlands) Enforcement

Earlier in January, the U.S. Supreme Court heard oral argument in Sacket v. EPA, a Clean Water Act (“CWA”) enforcement case that concerns whether CWA administrative orders are subject to pre-enforcement judicial review. In the Sacket case, the property owners planned to build a home on a one-half acre parcel of land in Idaho. After Read More

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EPA Report Suggests "Fracking" May Cause Groundwater Contamination

The issue of hydraulic fracturing (or “fracking”) has been hot topic of late, in no small part because of the search for cheaper, more reliable sources of domestic energy. Fracking refers to the process by which pressurized water or fluids are injected into a geologic formation in order to create fractures in the rock that Read More

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RCRA Remains a Viable Cause of Action to Pursue Cleanup of Contaminated Sites in New Jersey

A recent decision from the Third Circuit further confirms that state remediation standards, while instructive, are not dispositive of a claim under the federal Resource Conservation and Recovery Act (“RCRA”). Raritan Baykeeper v. NL Industries, Inc., No. 10-2591, 2011 U.S. App. LEXIS 20021 (Oct. 3, 2011), is at least the third decision in our jurisdiction Read More

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New Jersey's LSRP Program Is Up and Running

Under recent changes to New Jersey’ s environmental statutes concerning environmental cleanups, remediation of most contaminated properties in New Jersey will no longer be supervised by the New Jersey Department of Environmental Protection (“NJDEP”). Instead, licensed professionals known as Licensed Site Remediation Professionals, or LSRPs, will have the responsibility of reviewing and approving environmental cleanups Read More

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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 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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