By Carolyn Griffin | Published January 13, 2021 | Posted in Environmental & Natural Resources, Environmental Issues | Tagged Tags: Automobile Electrification, Biden Administration, Environmental Penalty Cases (EPA) | Comments Off on Changes to expect in environmental regulation with the incoming administration
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Environmental & Natural Resources
Changes to expect in environmental regulation with the incoming administration
President-elect Joe Biden ran on a platform that highlighted climate change and environmental regulation as national priorities. His plans state the intention to take the necessary steps to decrease our country’s emissions and in doing so prosecute anti-pollution cases more often and more severely. The team of environmental nominees he has assembled so far seems Read More
Read MoreNJDEP files Additional Natural Resource Damages claims
The State DEP continues to pursue natural resource damages (called NRD) claims. These are lawsuits where the relief sought is not just a cleanup, which is normally the relief sought by DEP. Rather in NRD cases, the relief sought includes compensation for injury to or loss of a particular natural resource. This might relate to Read More
Read MoreFrequently Asked Questions About New Jersey Natural Resource Damages Cases
For many years, natural resource damages claims represented a fairly insignificant part of the environmental law landscape nationally as well as here in New Jersey. When seeking damages for a contaminated site, the government’s primary priority has been remediation. However, more recently, the government has sought to collect damages for loss of natural resources, as Read More
Read MoreEPA ROLES BACK FEDERAL WETLANDS PROTECTIONS – AND GETS SUED FOR DOING SO
This past January, the federal government rolled back its protections of wetlands authorized under the United States Clean Water Act. The “Navigable Waters Protection Rule,” effective on June 22, 2020, revises the definition of “waters of the United States,” governing regulated waterways under the federal statute. This move was welcomed by various industry and agricultural Read More
Read MoreNew Jersey Voters to Decide Important State Constitutional Amendment concerning the Environment
On Tuesday, November 7, 2017, New Jersey voters will be asked to decide on a state constitutional amendment regarding the use of natural resource damages collected by the State in environmental contamination cases. New Jersey has the authority to collect damages for restoration of natural resources under the New Jersey Water Pollution Control Act, N.J.S.A. Read More
Read MoreA draft settlement is not an executable agreement for parties seeking to settle Natural Resource Damage liability under the Spill Act
The Appellate Division recently handed down its decision in Cumberland Farms, Inc. v. New Jersey Department of Environmental Protection, et al., holding that no enforceable settlement existed between the two parties with respect to Natural Resource Damage (“NRD”) claims associated with fifty-four sites. Under the Spill Act, the New Jersey Department of Environmental Protection (“DEP”) Read More
Read MoreU.S. Supreme Court Affirms Army Corps Jurisdictional Determinations as Judicially Reviewable Final Agency Actions
On May 31, 2016, the United States Supreme Court unanimously held in United States Army Corps of Engineers v. Hawkes Co., Inc. that an Army Corps of Engineers jurisdictional determination (“JD”) is a judicially reviewable final agency action under the Administrative Procedure Act (the “APA”). No. 15-290, slip op., 578 U.S. ___ (May 31, 2016). Read More
Read MoreUnprecedented Climate Change Case Proceeds in Court
A federal magistrate judge in Eugene, Oregon recently allowed an unprecedented climate change case to proceed in court. Bill McKibben and Naomi Klein call it the “most important lawsuit on the planet right now.” In Kelsey Cascade Rose Juliana; et al. v. the United States of America; et al., Docket No.6:15-cv-1517-TC (D. Or. Apr. 8, Read More
Read MoreNew York Court of Appeals Considers Navigability of Adirondack Waterway
In Friends of Thayer Lake LLC v. Brown, 2016 NY Slip Op 03647, the issue recently in front of the Court of Appeals of New York was whether a certain Adirondack waterway is navigable-in-fact, a question that determines whether the public has access to the waterway. Plaintiffs own land in a remote area of the Read More
Read MoreEPA Announces National Enforcement Initiatives, effective October 1, 2016
On February 18, 2016, the United States Environmental Protection Agency (EPA) announced its National Enforcement Initiatives for the 2017 to 2019 fiscal years. Effective October 1, 2016, EPA will keep four current National Enforcement Initiatives, add two new initiatives, and expand on one during the next three years. Therein, EPA also announced the ending of Read More
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