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DEP to pursue cleanup of Lower Hackensack River

Last week, New Jersey Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette announced that the DEP will pursue the cleanup of the Lower Hackensack River as a federal Superfund site. This means that, if the designation request is accepted, the DEP will be working with the federal Environmental Protection Agency (EPA) to develop a Read More

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EPA plans to increase criminal enforcement of environmental laws as part of environmental justice efforts

Many of the U.S.’s environmental statutes, such as the Clean Water Act and the Clean Air Act, contain criminal enforcement measures. These criminal enforcement measures range from significant fines to jail time. On June 21, the U.S. Environmental Protection Agency (EPA) released a memorandum outlining the agency’s plans to increase enforcement of these environmental statutes Read More

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States file petition in U.S. Supreme Court over EPA’s Clean Air Act regulations

On June 18, 2021, twenty (20) states along with additional supporters filed a request for appeal to the U.S. Supreme Court that has the potential to affect States’ rights to regulate emissions limits under the Clean Air Act. Requesting the Supreme Court to hear an appeal involves filing a “Petition for a Writ of Certiorari” Read More

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EPA announces next step of clean-up plan at Superfund site in Burlington County

The Cinnaminson Groundwater Contamination Superfund Site spans 400 acres and straddles the border of Cinnaminson and Delran in Burlington County. “Superfund sites,” such as this one, are designated by the US Environmental Protection Agency (EPA) based on their actual or potential release of hazardous waste into the environment. Superfund sites are also remediated under the Read More

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EPA to establish new federal PFAS regulations

The US Environmental Protection Agency (EPA) is currently collecting data and public comment concerning proposed changes to the regulation of per- and polyfluoroalkyl substances, commonly known as PFAS. PFAS are used in a multitude of different consumer products across numerous different industries, from clothing and furniture to the insulation of electrical wire. These chemicals are Read More

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New Jersey pushes back against pipeline company in US Supreme Court

The State of New Jersey is currently battling PennEast Pipeline Co. in the Supreme Court in attempt to block the construction of a new pipeline. PennEast obtained the necessary Federal Energy Regulatory Commission (“FERC”) approvals to construct its planned 120-mile pipeline spanning from Pennsylvania to New Jersey. Pursuant to the Natural Gas Act, these approvals Read More

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The “Green” School Bus: The EPA aids the State of New Jersey in transitioning School Buses throughout the State from Diesel to Electric

The development of environmentally-friendly vehicles has been the focus of states and vehicle manufacturers for the greater part of a decade, however not much focus has been placed on updating the essential vehicles that are responsible for transporting students throughout the state and country to school each day; school buses. According to the New Jersey Read More

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EPA 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

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United States Supreme Court Tackles Key Clean Water Act Judicial Review Issue

National Association of Manufacturers v. Department of Defense, et al. 583 U.S. ____ (2018) Decided January 22, 2018 Since the passing of the Clean Water Act in 1972, the definition of “the waters of the United States” has been a struggle for the EPA and the US Army Corps of Engineers to define and apply. Read More

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New EPA Rule Increases Civil Monetary Penalties in the Name of Inflation

Civil penalties, including those levied by the United States Environmental Protection Agency (“EPA”) under statutes such as the Clean Air Act (“CAA”) and Resource Conservation and Recovery Act, dramatically increased on August 1, 2016.  Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the “Inflation Improvement Act”), federal agencies are required Read More

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Recent Blog Posts

Governor Murphy Blocks Vote on Passaic Valley Sewerage Commission for a More Indepth Review of Its Effects on the Environment

On January 13, 2022, Passaic Valley Sewerage Commission was to vote on a contract to build a $180 million back up generating power plant for its sewage treatment facility in
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Governor Murphy Blocks Vote on Passaic Valley Sewerage Commission for a More Indepth Review of Its Effects on the Environment

Environmental Insurance Dispute to be Heard in New Jersey courts

On December 30, 2021 the Appellate Division of the Superior Court decided Getty Prop. Corp. v. St. Paul Fire & Marine Ins. Co. Getty Properties Corp. (“Getty”) filed an appeal
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Environmental Insurance Dispute to be Heard in New Jersey courts

Governor Murphy’s NJDEP Proposes New Rule to Limit Carbon Dioxide Emissions

New Jersey Governor Phil Murphy’s administration proposed a new rule to combat greenhouse gas emissions, just before the start of his second term in office. The New Jersey Department of
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Governor Murphy’s NJDEP Proposes New Rule to Limit Carbon Dioxide Emissions

Municipal Clerk can Accept Electronic Signatures

On November 30, 2021, the Appellate Division further enforced and upheld a new staple of the Covid-19 world: electronic signatures. In Township Of Montclair Committee of Petitioners et al. v.
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Municipal Clerk can Accept Electronic Signatures

In the media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

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