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NJ Department of Environmental Protection Ramps Up Enforcement Activity Under the Toxic Packaging Reduction Act Ahead of Proposed...

Recent anecdotal evidence suggests that the New Jersey Department of Environmental Protection (NJDEP) is restarting enforcement activities under a seldom-used consumer packaging law originally adopted in 1990: the Toxic...more

NJDEP Issues Fact Sheet on PFAS Environmental Sampling

On August 28, the New Jersey Department of Environmental Protection (NJDEP) issued a “Per- and Polyfluoroalkyl Substances (PFAS) Sampling Fact Sheet” (Fact Sheet), setting forth several considerations for persons responsible...more

States Petition the USEPA To List Certain PFAS Compounds as Clean Air Act Hazardous Air Pollutants

In another step toward broader regulation of per- and polyfluoroalkyl substances (PFAS), on August 29, 2024, New Jersey, New Mexico, and North Carolina (the States) submitted a petition (Petition) urging the United States...more

Controversial OPRA Amendment Has Potentially Significant Implications for New Jersey Environmental Professionals

On June 5, New Jersey Gov. Phil Murphy signed long-contested legislation, S2930 (2024 OPRA Amendment), amending the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1, et seq. As most New Jersey environmental practitioners...more

Without Actual Collection of Damages, Mere CERCLA Liability Not Barred as Double Recovery, Says Ninth Circuit Ground Water Quality...

On April 15, in Santa Clarita Valley Water Agency v. Whittaker Corp., et al., No. 22-55727, slip op., -- F.4th – (9th Cir. 2024) (SCVWA), the U.S. Court of Appeals for the Ninth Circuit (Court of Appeals) held that in a...more

New Year, (Likely) New Remediation Standards–NJDEP Kicks Off 2024 With Proposed Ground Water Quality Standards

On Jan. 2, the New Jersey Department of Environmental Protection (NJDEP) rang in the new year by publishing a Proposed Rule updating the Ground Water Quality Standards (GWQS) for 65 of the 73 constituents currently regulated...more

PFAS–The Great Reopener: USEPA Warns It May Reopen Closed Sites for PFAS Contamination

Typically, final remediation documents (no-further-action letters, response action outcomes, and the like) signal the end of remediation at a contaminated site. Upon receipt of the documents, responsible parties can often...more

11/22/2023  /  CERCLA , Contamination , PFAS , Site Remediation , USEPA

New Jersey Department of Environmental Protection Implements Green, Sustainable, and Resilient Guidance for the Remediation of...

The New Jersey Department of Environmental Protection (DEP), through its Contaminated Site Remediation and Redevelopment (CSRR) program, recently published new administrative guidance to “formally encourage” the use of green...more

New Jersey’s Final Environmental Justice Rules: NJDEP Response to Comments, Practical Implications, and Applicability

On April 17, the New Jersey Department of Environmental Protection (NJDEP) published its final Environmental Justice rules (EJ Rules). The EJ Rules stem from New Jersey’s first-of-its-kind Environmental Justice Law (EJ Law),...more

USEPA Proposes Strict PFAS Drinking Water Standards

In 2018, New Jersey became the first state to establish a maximum contaminant level (MCL)1 for per- and polyfluorinated alkyl substances (PFAS).2 Now, nearly five years later, the U.S. Environmental Protection Agency (USEPA...more

USEPA Drills Down on Industry-Specific PFAS Issues and Progresses to Broader PFAS Regulation

For some time now, the U.S. Environmental Protection Agency (USEPA) has been evaluating several industrial point sources for discharges of per- and polyfluoroalkyl substances (PFAS) in wastewater and leachate. On January 31,...more

PFAS Update: NJDEP Establishes Interim Soil Remediation Standards for PFNA, PFOA, PFOS, and GenX

Per- and polyfluoroalkyl substances (PFAS) remain a hot-button topic. Citing health-based risks, the United States Environmental Protection Agency recently proposed to designate certain PFAS compounds as “hazardous...more

U.S. Department of Justice and U.S. Environmental Protection Agency Launch Enhanced Environmental Justice Strategy

Environmental justice is one of the hottest topics in the environmental world. The New Jersey Department of Environmental Protection (NJDEP) recently rolled out its long-awaited proposed environmental justice regulations,1...more

NJDEP’s Groundbreaking Environmental Justice Regulations Published for Public Comment

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

At the Vanguard of a Transitioning Recycling Industry, New Jersey Establishes Postconsumer Recycled Content Requirements for...

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

American Society for Testing and Materials Adds PFAS Guidance to Phase I Due Diligence Standard

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

NJDEP Settlement Does Not Bar Contribution Action For USEPA Response Costs, Says Third Circuit

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

New Jersey Enacts First-Of-Its-Kind Environmental Justice Legislation

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

Second Circuit Clarifies Trigger Date For CERCLA Cost Recovery Statute Of Limitations

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

Circuit Courts Give Climate Change Litigation New Life In State Court

For years, climate change litigation in the United States has been reduced to a series of lengthy jurisdictional battles concerning whether such litigation belongs in state or federal court. More often than not, local...more

Second Circuit Upholds Medical Monitoring Claim in Litigation Arising From PFOA Groundwater Contamination

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

NJDEP Announces Blanket 90-Day Extension to Remediation Deadlines in Response to COVID-19

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

SCOTUS Requires Clean Water Act Permits for Some Groundwater Discharges, Pronounces “Functional Equivalency” Test

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

As Reported Cases Of COVID-19 Near 750,000, The United States Sees First Employee Lawsuit Filed For COVID-19-Related Death

COVID-19 is at this point ubiquitous, affecting our daily lives in myriad ways. But it has not altered our continuing need to work and generate income. Many of us have reconciled that need by adopting alternative work...more

First Employee Lawsuit Filed Seeking to Avoid the Workers’ Compensation Exclusivity Bar for COVID-19-Related Injuries

Among the many issues employers are struggling with in the midst of the current COVID-19 crisis is the risk of harm to an essential employee who is compelled to report to work. While, of course, most employers are proactively...more

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