Jeffrey Cappola

Jeffrey Cappola

Wilentz, Goldman & Spitzer P.A.

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EPA Regulation of Greenhouse Gases

The United States Supreme Court ruled in June that the Environmental Protection Agency (EPA) must reduce its authority to regulate greenhouse gas emissions from stationary sources. The EPA tried to increase two of its permit...more

8/11/2014 - BACT Carbon Emissions Clean Air Act Energy Policy Environmental Policies EPA Greenhouse Gas Emissions Renewable Energy SCOTUS

EPA Looks to Reduce Methane Emissions from Landfills

As part of President Obama’s Climate Action Plan, the EPA is proposing to require certain landfills to capture extra landfill gas in order to decrease methane emissions. Methane is a strong greenhouse gas, its global...more

8/5/2014 - Barack Obama Climate Action Plan EPA Global Warming Greenhouse Gas Emissions Landfills Methane

Morristown Associates v. Grant Oil

In 2006, Morristown Associates filed a suit against multiple heating companies and the previous owners of a dry cleaning business to seek payment for the costs they incurred redeveloping the property. They cited the source...more

7/23/2014 - Contaminated Properties Environmental Liability Statute of Limitations Storage Tanks

The Clean Water Act - Is groundwater included?

There has been much controversy in the courts as to whether groundwater can be defined as “navigable waters” under the Clean Water Act. Courts are split on this decision, with equal numbers of rulings on both sides. One...more

7/15/2014 - Clean Water Act Environmental Policies EPA Groundwater US Army Corps of Engineers Water Waters of the United States

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Apportionment

The U.S. Court of Appeals used the recent case of PCS Nitrogen Inc. v. Ashley II of Charleston LLC to decide when it is appropriate to rule in favor of apportionment under CERCLA. In this case, 43 acres of land in...more

7/8/2014 - CERCLA Contaminated Properties Environmental Liability Environmental Policies Hazardous Substances

The New ASTM E1527-13

In 2013, the EPA issued an amendment to the ASTM E1527-05 to reflect “evolving practices and a higher level of rigor.” While the most recent standard is encouraged, there is no law mandating that it must be used. E1527-05...more

7/7/2014 - ASTM Environmental Policies EPA

Governor Christie Signs Legislation to Extend Site Remediation Reform Act

On January 21, 2014 Governor Christie signed legislation that extends the Site Remediation Reform Act regarding the requirement for property owners with known contamination that occurred prior to 1999 to submit a Remedial...more

1/30/2014 - Chris Christie Contaminated Properties Department of Environmental Protection Environmental Policies Remediation

NJDEP Needs to Hand the Reins Over to LSRPs

The Site Remediation Reform Act (“SRRA”) was adopted May 7, 2009 and has been fully enacted since May 7, 2012 and still the New Jersey Department of Environmental Protection (“NJDEP”) is having difficulty relinquishing their...more

12/23/2013 - Contaminated Properties Department of Environmental Protection LSRP Site Remediation Reform Act

Completion of Remedial Investigation

The May 2014 requirement for completion of the Remedial Investigation and submittal of Remedial Investigation Report, imposed on certain contaminated sites in New Jersey by the Site Remediation Reform Act, is quickly...more

4/25/2013 - Contaminated Properties Department of Environmental Protection Remediation Site Remediation Reform Act

Governor Christie Signs Emergency Regulations To Adopt FEMA’s ABFEs Maps

Yesterday (January 24), Governor Christie announced he was signing emergency regulations to adopt FEMA’s new Advisory Base Flood Elevation (ABFE) maps as the post-Sandy rebuilding standard...more

1/25/2013 - Department of Environmental Protection FEMA Flood Maps Hurricane Sandy Permits

Rebuilding After Hurricane Sandy

The Wilentz Law Firm extends its sympathy to those who were impacted by Hurricane Sandy. As our government and communities move into the rebuilding phase, we offer the following summary that provides information with regard...more

12/3/2012 - CAFRA Department of Environmental Protection Hurricane Sandy Permits

Site Remediation Reform Act Evolution

Although SRRA seems to be thorough and well written, there will be amendments to laws that were not anticipated or addressed in the legislative process that could be problematic for persons remediating property....more

11/26/2012 - Amended Legislation Contaminated Properties Department of Environmental Protection Environmental Assessments LSRP Remediation Site Remediation Reform Act Spill Act

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