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Underground Storage Tanks: What You Need to Know

As an environmental lawyer, leaking underground storage tanks (USTs) are not by any means a new phenomenon to me. But if you’re a homeowner, or potential homeowner, having issues with an UST, the odds are that it will be the first time that you’ve encountered them and you might be overwhelmed by what it entails. Read More

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L&B Helps Nonprofit Resolve Stormwater Management Violations

Save Hamilton Open Space, a nonprofit organization dedicated to preserving undeveloped land in Hamilton, New Jersey, filed a lawsuit against the township last month. The organization is suing the township over a years-long violation of the Stormwater Management Act occurring in a residential sub-development known as Christopher Estates. The Estates were developed using a poorly Read More

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N.J. Supreme Court Rules in Favor of Dunes and Against Ocean Views

On July 8, 2013, at the intersection of environmental and eminent domain law, the New Jersey Supreme Court issued its long-anticipated decision in Borough of Harvey Cedars v. Karan, ____ N.J. ____ (2013). The backdrop of this case was a beach restoration and storm protection project on Long Beach Island funded by federal, state, and Read More

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NJDEP Announces Emergency Recovery Permit Rules Now Official

On June 20, 2013, the Christie Administration announced that they have officially adopted rules that simplify the permitting process for certain types of recovery projects relating to Superstorm Sandy. The Administration had implemented some of these rules as an emergency in April 2013, but now they are being formally implemented into the recovery requirements. The Read More

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Happy Historic Preservation Month

May is Historic Preservation month in New Jersey, and the 23rd Annual Preservation awards were just presented by the State Historic Sites Council. Congratulations to the award recipients! See the original release with the list of winners from the New Jersey Department of Environmental Protection here. The preservation process is one that entails planning, patience, Read More

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New Online Services Announced to Accelerate Applications for Permits and Public Notifications

In an effort to continue reducing red tape and delays in vital Sandy rebuilding and recovery projects, the New Jersey Department of Environmental Protection (NJDEP) announced May 9, 2013, that a new series of online services has been launched. These services are aimed to streamline and digitize the permit application and public notification process. Both Read More

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New DEP Permit Rules will Simplify Sandy Recovery Efforts

The Christie Administration filed emergency rules to assist in the expedition of Superstorm Sandy-related recovery and rebuilding on March 17, 2013. These rules are meant to cut through unnecessary red tape that is delaying some aspects of New Jersey’s recovery from Sandy for both homes and businesses. The rules also contain portions that will expedite Read More

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NJDEP Can Conduct Warrantless Searches Under Freshwater Wetlands Protection Act

In 1987, the New Jersey Legislature passed the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1, et seq. (“FWPA”), to protect and regulate New Jersey’s vast sensitive freshwater wetlands. This law followed the Wetlands Act of 1970, N.J.S.A. 13:9A-1, et seq., which delineated and regulated New Jersey’s coastal wetlands. The FWPA established a permitting process which a Read More

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Post-Sandy Dune Construction: Not So Fast

Did Superstorm Sandy make it safe for the State to deride waterfront property owners for refusing to allow the State to erect two-story beach dunes on their waterfront property? The State may think that such extreme protective measures may be more politically palpable because, after living through Sandy and witnessing her destruction, New Jerseyans better Read More

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NJDEP Updates Elevation Standards and Flood Maps

On March 26, 2013 the Administration of Governor Christie filed an adoption package that will set new statewide elevation standards, based on flood maps by the Federal Emergency Management Agency (FEMA). This package will keep an emergency rule from January 2013 in place. The update reflects the first change to New Jersey’s coastal county flood Read More

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Recent Blog Posts

New Jersey Court of Appeals rules in favor of DEP’s ability to create public beach access over private property

In an April 2020 decision of a matter comprised of 63 consolidated cases, the New Jersey Court of Appeals affirmed that the New Jersey Department of Environmental Protection (“NJDEP”) has
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New Jersey Court of Appeals rules in favor of DEP’s ability to create public beach access over private property

Changes to expect in environmental regulation with the incoming administration

President-elect Joe Biden ran on a platform that highlighted climate change and environmental regulation as national priorities. His plans state the intention to take the necessary steps to decrease our
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Changes to expect in environmental regulation with the incoming administration

NJDEP files Additional Natural Resource Damages claims

The State DEP continues to pursue natural resource damages (called NRD) claims. These are lawsuits where the relief sought is not just a cleanup, which is normally the relief sought
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NJDEP files Additional Natural Resource Damages claims

Landlords: Insurance companies now are denying many Mold Claims

Landlords and other property owners have so much on their plates. They need to worry about increasing utility costs. Taxes are always rising. So are maintenance and repair costs. Then there
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Landlords: Insurance companies now are denying many Mold Claims

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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