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EPA May Add Contaminated New Jersey & New York Sites to Superfund List

On December 11, 2013, the United States Environmental Protection Agency (EPA) added nine contaminated sites to the National Priorities List (NPL) and proposed that an additional eight sites also be added, including sites in New Jersey and New York.  The NPL is a list of contaminated sites throughout the United States managed by the EPA Read More

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New Standards for Phase I Environmental Site Assessments

On November 6, 2013, the American Society for Testing and Materials (“ASTM”) published new standards for Phase I Environmental Site Assessments (“ESA”). Phase I ESAs are conducted to assess the environmental condition of commercial real estate for potential buyers. The ASTM’s E1527-05 standard has been approved by the Environmental Protection Agency (“EPA”) to satisfy the Read More

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Third Circuit Finds Jurisdiction Over RCRA Claims is Exclusively Federal

On August 6, 2013, a decision by the United States Court of Appeals for the Third Circuit held that the federal district courts hold exclusive jurisdiction over Resource Conservation and Recovery Act (RCRA) claims. In Litgo New Jersey, Inc. v. Commissioner New Jersey Department of Environmental Protection, __ F.3d __ (3d Cir. 2013), the Third Read More

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Lieberman & Blecher Paves the Way with 1st Victory for the City of Vineland!

Lieberman Blecher & Sinkevich was hired as special environmental counsel by the City of Vineland concerning the former Pure Earth Recycling facility previously located within the City. Pure Earth was engaged in recycling activities that involved processing contaminated soils, waste oil, and other materials on the property. Pure Earth abruptly ceased operations in 2011 due 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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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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Lawsuits Against the Environmental Protection Agency (EPA)

Ever since Congress created the United States Environmental Protection Agency (or “EPA”) in 1970, one of the Agency’s primary functions has been the enforcement of lawsuits brought against companies and, in some cases, individuals. The EPA has filed thousands of lawsuits all across the country, seeking to enforce legislative edicts that include the Clean Air Read More

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Recent Twitter Posts

  • Murphy Administration releases mapping tool to help NJ residents identify lead exposure risks in housing. https://t.co/oRL7gPVoeq
    1 month ago
  • DEP urged to set tough limit on 1,4-dioxane in drinking water. https://t.co/UESauZowsJ
    4 months ago
  • Beach access issue returns in Cape May County beach community, near the location of a similar issue that was litiga… https://t.co/tWOMcfTqwM
    4 months ago
  • Another effort to make the Delaware Water Gap a national park is underway. https://t.co/C00NZ43nZU
    4 months ago

Recent Blog Posts

Appellate Division Declines to Allow Developer’s Four-Month-Late DOT Permit Appeal, Citing No Change in Circumstances

A Maple Shade Township developer’s appeal of permit conditions was untimely when they appealed four months past the deadline and without any change in circumstances justifying deadline relaxation, the Appellate
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Appellate Division Declines to Allow Developer’s Four-Month-Late DOT Permit Appeal, Citing No Change in Circumstances

The Friendly Neighborhood Scheme

You have lived happily in your home for years, content with the fact that all the houses on your street appear the same from the outside. A deed restriction that
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The Friendly Neighborhood Scheme

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

Manalapan Cemetery’s Application for Crematorium Accessory Use Requires Zoning Board Approval, Appellate Division Holds

Even though a crematorium performs a similar function to a traditional cemetery, a pre-existing nonconforming cemetery cannot add one to its grounds, extending its nonconformity, without Zoning Board approval. In Old
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Manalapan Cemetery’s Application for Crematorium Accessory Use Requires Zoning Board Approval, Appellate Division Holds

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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