On April 12, 2013, the West Virginia Legislature passed Senate Bill 243 which contained, among other West Virginia Department of Environmental Protection (“DEP”) rules, the Rules Governing Horizontal Well Development 35-8...more
The West Virginia Department of Environmental Protection (WVDEP) is in the midst of finalizing changes to general permits and rules in three (3) different areas pertaining to natural gas production and processing. These new...more
In a set of proposals just released, the Maine Department of Environmental Protection (DEP) is set to reform its hazardous waste and hazardous matter rules for the first time in years. ...more
In This Issue: - Finally -- Rules Governing W.Va. Horizontal Well Development - N.Y. Appellate Court: Municipalities Can Ban O&G Activity - Fracking Nearly Doubles Ohio Oil & Natural Gas Output - Excerpt...more
The Florida Legislature recently adopted a new law that allows the Florida Department of Environmental Protection (“FDEP”) to establish surface water quality standards in the state. ...more
On Tuesday, MassDEP announced release of its updated Solid Waste Master Plan, subtitled “Pathway to Zero Waste.” The Plan’s most significant discussion relates to the state of the solid waste market and the Plan’s goal for...more
The New Jersey Department of Environmental Protection (NJDEP) took emergency action to reduce approval backlogs and to make it easier for those seeking to rebuild in wake of Hurricane Sandy to obtain regulatory approvals by...more
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
On April 17, 2013, DEP posted to public comment proposed changes to its Chapter 130, Solvent Cleaning Regulation. The proposed changes would expand the applicability of the regulation from covering “solvent cleaning...more
Emergency Rule Revisions Cut Red Tape and Streamline State Permits for Vital Rebuilding Projects. - On April 19, 2013, DEP issued emergency rules intended to expedite the process of repairing and rebuilding in the wake...more
On March 21, 2013, the Appellate Division of the New Jersey State Superior Court upheld a New Jersey Department of Environmental Protection (“NJDEP”) regulation that waives a party’s obligation to comply strictly with New...more
In continuing our commitment to best serve our clients, we have been closely monitoring legislative changes in West Virginia that may affect the shale gas industry in the state. This update covers a new rule affecting...more
On March 21, 2013, the New Jersey Appellate Division upheld the validity of the New Jersey Department of Environmental Protection’s (DEP) controversial “Waiver Rule.” The Waiver Rule generally allows the DEP to waive...more
On March 21, the Appellate Division of the New Jersey Superior Court issued an opinion rejecting a challenge by environmental groups to new rules of the New Jersey Department of Environmental Protection (DEP) that authorize...more
This Bangor Daily News article features Bernstein Shur Attorney Kat Joyce. AUGUSTA, Maine—A 14-turbine wind project proposed for Passadumkeag Mountain won new life Thursday when the Board of Environmental Protection...more
The Appellate Division upholds the Department of Environmental Protection’s authority to establish the Waiver Rule....more
The Remedial Action Guidelines (RAGs) are useful – if conservative – default cleanup guidelines used by the Maine Department of Environmental Protection (DEP). DEP proposed changes in 2012, and has just proposed changes...more
Former HazMat Specialist Jon P. Andrews, assigned to the Augusta Region of the Maine Department of Environmental Protection, has pleaded guilty to destroying three years of spill records on his final day on the job. The...more
Located in Jacksonville, the Northeast District Office of the Florida Department of Environmental Protection (“DEP”) will soon change its organizational structure to be consistent with the other DEP district offices and...more
One of the provisions of the West Virginia Horizontal Well Control Act passed in December 2011 increased the permit fees for horizontal wells from $400 to $10,000. At the time this legislation was under consideration, West...more
On January 24, 2013, Governor Chris Christie adopted the advisory flood maps released last December by the Federal Emergency Management Agency, which establish new, tougher standards for rebuilding along the Jersey Shore,...more
In August of 2010, New Jersey Governor Chris Christie signed the Offshore Wind Economic Development Act to “spur economic growth in the Garden State through the development of renewable energy resources and the creation of...more
The New Jersey Department of Environmental Protection has released a set of FAQs to help answer some of the most common questions regarding the standards of elevating houses and buildings Post-Sandy, and will help you...more
Our Government Relations and Environmental & Land Use Practice Groups would like to share with you an important notice from the Maine Department of Environmental Protection. Informational Meeting for DEP Contracting...more
On January 31, the Pennsylvania Department of Environmental Protection (PADEP) finalized revisions to its “GP-5” air quality general permit, which include significantly reduced allowable emission limits. According to PADEP,...more
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