Department of Environmental Protection

News & Analysis as of

Federal Court Ruling Creates Effluent Limit Paradox - Violations may lead to suits, penalties under Clean Water Act

A federal judge in West Virginia ruled on March 31, 2014 that holders of water discharge permits, known as NPDES permits, must comply with water quality standards for parameters that the permit only requires to be monitored. ...more

Maine Supreme Court Clears Geologist In Ethical Dispute

Last week the Maine Supreme Judicial Court (the “Law Court”) issued a decision that reversed a determination by the Maine Board of Certification for Geologists and Soil Scientists (the “Board”) that a certified geologist had...more

What’s New In Risk Based Corrective Action In Florida?

Over the last several years, under the direction of Governor Rick Scott, the Florida Department of Environmental Protection (FDEP) has embarked on an aggressive program to streamline regulatory processes across program areas,...more

I Thought Redeveloping Brownfields Was a Good Idea: Apparently the Boston Globe Hasn’t Gotten the Message

In an article earlier this week, the Boston Globe reported on concerns that the Massachusetts Department of Environmental Protection is planning to weaken cleanup standards for hazardous waste sites in Massachusetts,...more

New Jersey Extends Deadline for Remedial Investigation of Qualifying Contaminated Sites For Two Years

Governor Chris Christie recently signed into law A-4543/S-3075 (Spencer/Schepisi/Smith/Bateman), which extends the deadline for completing the remedial investigation of contaminated sites before the Department of...more

Pa. Supreme Court Strikes Down Key Provisions of Act 13

The Pennsylvania Supreme Court held unconstitutional several key provisions of Act 13 — the legislature’s broad amendment to the Pennsylvania Oil and Gas Act. The Supreme Court invalidated Section 3304 of Act 13, which placed...more

EPA's New Solvent Wiper Rule Wipes Out Maine's Policy

For many years, both the U.S. Environmental Protection Agency (EPA) and the State of Maine Department of Environmental Protection (DEP) have wrestled with the practical question of how solvent-contaminated wipes should be...more

New Law Grants Two-Year Extension to Remedial Investigation Deadline for Qualifying Parties

This is an important legal development for any company that is cleaning up an old contaminated site in New Jersey and requires more time to complete the remedial investigation. ...more

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

NJ Enacts Law Extending Time For Adoption Of WQM Plans To Avoid Withdrawal Of Sewer Service Areas

On January 16, 2014, Gov. Christie signed legislation (A-4531) that provides additional time for county planning agencies to submit regional water quality management (WQM) plans to the New Jersey Department of Environmental...more

Environmental Alert: Requirements for Existing Area Source Boilers

Regulatory Deadline to File Initial Notification for Existing Area Source Boilers Is January 20, 2014 - This is a reminder that you may be required to file an initial notification with the U.S. EPA and Pennsylvania DEP...more

NJ Legislature Passes Bill to Extend May 2014 Remedial Investigation Deadline – Christie Expected to Sign

One of the most draconian aspects of NJ’s 2009 Site Remediation Reform Act is the authority of NJDEP to take direct oversight of older cleanups, stripping responsible parties of cleanup decision-making and requiring a trust...more

Pennsylvania Supreme Court Declares Portions of Marcellus Shale Act Unconstitutional, Upholds Local Regulation of Oil and Gas...

On December 19, 2013, in Robinson Township v. Commonwealth of Pennsylvania et al., the Pennsylvania Supreme Court declared portions of Act 13 of 2012 (Act 13), commonly known as the “Marcellus Shale Act,” unconstitutional. As...more

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

Environmental Hearing Board Charts Jurisdictional Course through Murky Waters of Pennsylvania’s Arcane Conservation Law

On November 20, 2013, the Pennsylvania Environmental Hearing Board (EHB) provided a compass for operators interested in applying for compulsory pooling orders with respect to oil and gas resources below the Onondaga Horizon....more

States’ Primary Authority to Regulate Coal Mining Pursuant to SMCRA Under Assault

As suggested in a “Guidance Memorandum” issued by the Obama Administration in November 2009, and solidified through a Memorandum issued by the U.S. Department of Interior’s Office of Surface Mining (“OSM”) in November 2010,...more

Pennsylvania Drillers May Soon Face Tightened Environmental Regulations

Oil and gas drillers in Pennsylvania’s Marcellus Shale formation may soon find themselves subject to more stringent environmental protection standards under regulations proposed by the Pennsylvania Department of Environmental...more

New Jersey’s General Statute of Limitations Now a Defense to Spill Act Claims for Contribution

The New Jersey Appellate Division just ruled that the general six-year statute of limitations for property damage claims applies to a private claim for contribution brought under the New Jersey Spill Compensation and Control...more

What’s Up with Noise, Light, Dust and Volatile Organic Compounds?

The West Virginia Department of Environmental Protection (“DEP”) released its report to the West Virginia Legislature in May on the study of “noise, light, dust and volatile organic compounds generated by the drilling of...more

Is There a Future for Community Wind In Massachusetts?

Last week, Massachusetts Energy and Environmental Affairs Secretary Richard Sullivan announced an “inter-agency initiative . . . to provide support and guidance to municipalities, developers and stakeholders for land-based...more

MassDEP Proposes Amendments to CO2 Budget Trading Regs to Implement RGGI Program Changes

On Friday, MassDEP released for public review and comment draft amendments to the CO2 Budget Trading Program regulations. These amendments are designed to implement the changes to the Regional Greenhouse Gas Initiative...more

Under The Dome: Inside The Maine State House 6-21-13

In This Issue: Legislature Almost Done with First Regular Session of the 126th; Governor LePage Reacts to Maine Today Media Series on Department of Environmental Protection; Gubernatorial Vetoes Sustained, More Issued;...more

Final Remedial Action Guidelines From Maine DEP Published, Including New PCE Cleanup Levels

After several years of formal and informal proposals, the Remedial Action Guidelines (RAGs) have finally been revised, and are now effective, thanks to action by the Maine Department of Environmental Protection (DEP). ...more

Finally -- Rules Governing Horizontal Well Development

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

WVDEP Finalizes Changes to Natural Gas General Permits and Associated Regulations

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

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