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Appellate Division ruling holds that juries, not judges, are to decide public entity's tort liability

The New Jersey Appellate Division recently held in Henebema v. South Jersey Transportation Authority, A-3723-10 that when establishing tort liability a jury, not a judge, should be the one to decide whether a public entity’s acts are ministerial or discretionary in nature. This crucial distinction determines whether the public entity is subject to the ordinary-negligence Read More

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Environmental Litigator Michael Sinkevich Becomes Shareholder at Lieberman & Blecher

Lieberman Blecher & Sinkevich P.C. is delighted to announce that attorney Michael G. Sinkevich, Jr. has become a shareholder of the firm. Michael G. Sinkevich, Jr. has practiced extensively in the environmental and land use areas since arriving in New Jersey in 2007. With a focus on complex environmental litigation, he assists our business, individual, non-profit Read More

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NJDEP "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

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NJ Supreme Court Rules On Causation Required In Spill Act Claims

This week, the New Jersey Supreme Court issued a decision in New Jersey Department of Environmental Protection v. Dimant, where the high court was asked to consider the level of causation needed to find a party liable for environmental cleanup costs under the New Jersey Spill Compensation and Control Act. The “Spill Act,” a predecessor Read More

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

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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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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Recent Twitter Posts

  • DEP urged to set tough limit on 1,4-dioxane in drinking water. https://t.co/UESauZowsJ
    2 months ago
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Recent Blog Posts

Don’t Let a Leaking Heating Oil Tank Ruin Your Life

Every environmental lawyer deals with leaking heating oil homeowner tanks. They are very frightening to homeowners who have never experienced an environmental problem before. Leaking heating oil tanks can cost
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Don’t Let a Leaking Heating Oil Tank Ruin Your Life

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
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Appeals Court Allows Strict Liability Claims to Proceed Against Large New Jersey Refinery

RLUIPA lawsuits and free beach parking

RLUIPA defense counsel took note of a Florida case earlier this year that questioned whether free beach access constituted a sincerely held religious belief under the RLUIPA statute. The case,
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RLUIPA lawsuits and free beach parking

Appellate Division Confirms Accessory Building’s Unused 80-Year-Old Plumbing Fixtures are Preexisting Nonconformity

Rantz v. Planning Board of the Borough of Bay Head, Docket No. A-2847-19 (App. Div. Sept. 8, 2021) This month, the Appellate Division upheld the Planning Board of the Borough of
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Appellate Division Confirms Accessory Building’s Unused 80-Year-Old Plumbing Fixtures are Preexisting Nonconformity

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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