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Site Remediation
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NJDEP May Extend Statutory Deadlines For Contaminated Site Cleanup Investigation

Under New Jersey’s 2009 Site Remediation Reform Act (SRRA), parties that have been remediating sites since May 1999 (or before), are required to complete the remedial investigation (RI) phase of the site cleanup by May 7, 2014. Failing to complete the investigation by the May 2014 deadline would permit the NJDEP to take direct oversight Read More

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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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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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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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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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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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Recent Blog Posts

EPA ROLES BACK FEDERAL WETLANDS PROTECTIONS – AND GETS SUED FOR DOING SO

This past January, the federal government rolled back its protections of wetlands authorized under the United States Clean Water Act. The “Navigable Waters Protection Rule,” effective on June 22, 2020,
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EPA ROLES BACK FEDERAL WETLANDS PROTECTIONS – AND GETS SUED FOR DOING SO

Our Drinking Water and Water Bodies Prevailed in The Maui decision

When most of us think of Maui, we envision great weather, lush vegetation, tiki bars and beaches. The very last thing that comes to mind are sewer plants and the
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Our Drinking Water and Water Bodies Prevailed in The Maui decision

Published Reports Claims EPA is Hiding True Lead Levels in Drinking Water

APM Reports (from American Public Media) has just released a report on May 4, 2020 that raises some critical questions not only about the quality of the water we are
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Published Reports Claims EPA is Hiding True Lead Levels in Drinking Water

Toxic Mercury in Gym Flooring Used by Our Children

We have a giant mercury exposure problem in our New Jersey schools. Rubberized flooring found in school gyms cracks over time. And some, not all of the flooring products have
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Toxic Mercury in Gym Flooring Used by Our Children

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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