On June 6, 2022, the New Jersey Department of Environmental Protection (NJDEP or Department) published its long-anticipated Environmental Justice rule proposal (EJ Rule Proposal)—the nation’s first proposed environmental...more
On January 18, 2022, New Jersey Governor Phil Murphy signed into law a bill establishing postconsumer recycled content (PRC) requirements for rigid plastic containers, glass containers, paper and plastic carryout bags, and...more
On November 1, 2021, the American Society for Testing and Materials (ASTM) approved changes to its Phase I Environmental Site Assessment (ESA) standard to include guidance on when per- and polyfluoroalkyl substances (PFAS)...more
On January 7, Governor Murphy signed into law the Brownfields Redevelopment Incentive Program Act (the Brownfields Act) as part of the broader New Jersey Economic Recovery Act of 2020 (the Recovery Act) (A4/S3925). The...more
On Sept. 8, in N.J. Department of Environmental Protection v. American Thermoplastics Corp., Nos. 18-2865 & 19-2243, slip op., -- F.3d -- (3d Cir. 2020), the U.S. Court of Appeals for the Third Circuit (Court of Appeals) held...more
Since his inauguration in January 2018, New Jersey Governor Philip D. Murphy has steadily advanced an aggressive environmental justice agenda. On April 20, 2018, he signed Executive Order No. 23, which directed the New Jersey...more
9/21/2020
/ Air Pollution ,
Black and Minority Ethnic (BME) ,
Environmental Impact Report (EIR) ,
Environmental Justice ,
Environmental Policies ,
Environmental Review ,
Governor Murphy ,
Low Income Housing ,
NJDEP ,
Public Comment ,
Public Hearing ,
State and Local Government
On July 23, in MPM Silicones, LLC v. Union Carbide Corp., No. 17-3468(L), 17-3669(XAP), slip op., -- F.3d -- (2d Cir. 2020), the U.S. Court of Appeals for the Second Circuit reversed the District Court’s dismissal of...more
8/4/2020
/ CERCLA ,
Contaminated Properties ,
Cost Recovery ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
Imminent Harm ,
PCBs ,
Potentially Responsible Party (PRP) ,
RCRA ,
Remedial Actions ,
Statute of Limitations ,
Summary Judgment
On May 18, the U.S. Court of Appeals for the Second Circuit decided in Benoit, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 17-3941-cv(L), slip op., __ F.3d ___ (2d Cir. 2020), that, under New York law, the...more
5/27/2020
/ Appeals ,
Contamination ,
Drinking Water ,
Groundwater ,
Interlocutory Appeals ,
Medical Monitoring ,
Negligence ,
New York ,
Nuisance ,
State and Local Government ,
Strict Liability ,
Trespass
Since at least March 9, the day that Governor Phillip D. Murphy signed Executive Order No. 103 (EO 103) declaring a state of emergency in response to COVID-19, regulated entities and business organizations in New Jersey have...more
On April 23, the Supreme Court of the United States issued a landmark decision interpreting the reach of the federal Clean Water Act (CWA). That case is County of Maui, Hawaii v. Hawaii Wildlife Fund, No. 18-260, 590 U.S. ___...more
On April 20, the United States Supreme Court decided in Atlantic Richfield Co. v. Christian et al.1 that landowners can sue under state common law for restoration of their properties located within the boundaries of a...more
UPDATE: In an apparent response to the numerous requests submitted by industry groups and the regulated community, the NJDEP has now extended the public comment period for this rule proposal by sixty (60) days to August 5,...more