On Friday, April 19, 2024, the United States Environmental Protection Agency (“EPA”) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the...more
The United States Environmental Protection Agency ("EPA") on April 10, 2024 issued the first-ever federal regulatory limits on per- and polyfluoroalkyl substances (PFAS) in drinking water. The EPA's PFAS drinking water...more
4/16/2024
/ CERCLA ,
Compliance ,
Contamination ,
Discharge of Pollutants ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Regulatory Agenda ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Waste Management ,
Water Quality
On Tuesday, January 2, 2024, the New Jersey Department of Environmental Protection (“NJDEP”) announced its proposal to amend the Ground Water Quality Standards (“GWQS”) under N.J.A.C. 7:9C to change the ground water quality...more
New Jersey’s Department of Environmental Protection (“NJDEP”) finalized its long-awaited Environmental Justice Rules (“EJ Rules”) by publishing them in the New Jersey Register on April 17, 2023. The EJ Rules implement New...more
On October 17, 2022, the New Jersey Department of Environmental Protection (NJDEP) published interim soil remediation standards (Interim SRS) in the NJ Register (54 N.J.R. 1980(a)) for four per- and polyfluoroalkyl substances...more
New Jersey’s landmark Environmental Justice Law, N.J.S.A. 13:1D-157 (“EJ Law”), signed by Governor Murphy in September 2020, authorizes the NJDEP to deny or condition certain permits based on an assessment of a “facility’s”...more
On May 2, 2022, the New Jersey Department of Community Affairs (“DCA”) announced a 60-day comment period whereby interested parties may submit written comments to the DCA in response to upcoming amendments to the Uniform...more
Starting on July 1, 2022, new warehouses developed in New Jersey will be required to be “solar-ready”. What You Need to Know: Requirements apply to new warehouses of at least 100,000 square feet where construction permits...more
Delaware has taken the initial steps to start addressing PFAS contamination in its drinking water. Like the federal government, the First State is preparing to issue regulations to limit so-called “forever chemicals,” which...more
On September 22, 2021, New Jersey Commissioner of Environmental Protection Shawn M. LaTourette issued an Administrative Order (AO 2021-25) setting new environmental justice-focused requirements for the New Jersey Department...more
New Jersey Governor Phil Murphy Signs Executive Order Allowing Extended Rule-Making Deadlines at NJDEP to Expire and Setting Deadlines for Soil and Fill Recycling Activities and A-901 Licensing - Executive Order (EO) 263,...more
On February 1, 2021, the New Jersey Department of Environmental Protection (NJDEP) issued a Notice of Rule Waiver/Modification/Suspension (“Notice”) extending certain remediation timeframes as a result of the ongoing COVID-19...more
On February 8, 2021, the New Jersey Department of Environmental Protection announced a Notice of Rule Waiver/Modification/Suspension, pursuant to Executive Order 103 (which declared a Public Health Emergency and State of...more
A New Jersey environmental justice bill that would give significant weight to environmental justice factors in permitting decisions for industrial projects became law on Friday. This new environmental justice law may affect...more
This Alert provides an update on (1) the process to extend permits and approvals from a broad range of New Jersey state and local entities that would otherwise expire during the “COVID-19 extension period” and (2) NJDEP’s...more
On June 29, 2020, the U.S. Environmental Protection Agency (EPA) announced that its March 26, 2020 Temporary Policy Memo, which modified the Agency’s enforcement discretion in light of the sweeping impact of the COVID-19...more
Permit Extension Act Now Law - On June 29, 2020, New Jersey Governor Philip D. Murphy signed the Permit Extension Act of 2020 (“PEA”) into law. The PEA extends environmental permits and other government approvals in effect on...more
Three environmental conservation groups have announced plans to sue the U.S. Environmental Protection Agency (EPA) in response to EPA’s issuance of its March 26, 2020 Temporary Policy Memo, which modified the agency’s...more
This alert reports on Executive Order No. 122 pertaining to the remediation of contaminated sites in New Jersey; recent New Jersey Department of Environmental Protection (NJDEP) guidance and emergency rule adoptions for...more
The United States Supreme Court has finally weighed in on whether discharging pollutants to groundwater constitutes a discharge to waters of the United States and triggers the need for a discharge permit under the federal...more
4/29/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
On April 10, 2020, the U.S. Environmental Protection Agency (EPA) released a Memorandum titled “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” This Interim Guidance follows on the heels of EPA’s...more
NEW JERSEY EXECUTIVE ORDER NO. 122 – SITE REMEDIATION - New Jersey Governor Murphy recently signed Executive Order No. 122 (E.O. 122) directing, among other things, that all non-essential construction activity in the Garden...more
The New Jersey Department of Environmental Protection (NJDEP) recently adopted amendments to its Surface Water Quality Standards Rule, effective as of April 6, 2020, reclassifying approximately 600 miles of rivers and streams...more
On March 26, 2020, the U.S. Environmental Protection Agency (EPA) issued a temporary policy memo modifying the agency’s enforcement discretion in light of the sweeping impact of the COVID-19 pandemic in the United States. In...more
A recent unpublished New Jersey Appellate decision highlights the inadvisability of open-ended agreements to obtain final remediation documents in connection with a sale of New Jersey property. ...more