A recent decision by the state Appellate Division has affirmed the broad statutory authority of the New Jersey Department of Environmental Protection (“NJDEP”) to oversee the remediation of contaminated sites and invoke compulsory direct oversight in remediation matters under the Site Remediation Reform Act (“SRRA”).
In the matter of In Re New Jersey Department of…
As noted in CSG Law’s recent environmental blog post on January 10, 2023, the USEPA issued a final rule incorporating ASTM International’s E1527-21 Standard for the Phase I site assessment process. The final rule now sets forth an amended and updated set of standards by which Phase I assessments must be conducted and prepared in…
On December 15, 2022, the United States Environmental Protection Agency (EPA) published a Final Rule for conducting Phase I Environmental Site Assessments. The Final Rule amends its All Appropriate Inquires (AAI) Rule referencing ASTM E1527-21 (and withdrawing reference to ASTM E1527-13) as satisfying the requirements for conducting AAI under the Comprehensive Environmental Response, Compensation and…
Following up on the United States Environmental Protection Agency (EPA) September 6th publication of a proposed rule to designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS)(collectively known as, PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), on December 6th EPA issued guidance on how states can utilize National Pollutant…
A bill making its way through the New Jersey Legislature seeks to correct an unintended consequence of the single-use bag ban.
Since the ban on single-use plastic bags began in May 2022, those who have their groceries delivered receive them in reusable bags for each delivery instead of single-use plastic bags. However, for this subset…
While the Access Statute is a powerful tool in an environmental attorney’s toolbox, a recent court ruling by the New Jersey Appellate Division has restricted when that tool can be wielded.
The New Jersey Appellate Division, in Solvay Specialty Polymers USA LLC v. Paulsboro Refining Company LLC “(Solvay v. PRC”), has confirmed that a party…
On September 6, 2022, the United States Environmental Protection Agency (USEPA) published a proposed rule to designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund.
These two per- and polyfluoroalkyl substances (PFAS) have been linked to various adverse…
For more than 200 years, the Lower Hackensack River (“River”) has been a hub for industrial operations in and around Bergen and Hudson Counties. More recently, concentrations of various contaminants in excess of EPA cleanup standards have been found in the sediment lying on the riverbed. According to EPA, concentrations of polyaromatic hydrocarbons (“PAHs”), polychlorinated…
The Third Circuit has affirmed the dismissal of a Clean Water Act (CWA) citizen suit because the plaintiff failed to provide the defendants with adequate notice of the basis of the claim. Adequate notice is a procedural hurdle to citizen suit actions intended to provide defendants with an opportunity to correct CWA violations prior to…
On June 6, 2022, the New Jersey Department of Environmental Protection (“NJDEP”) proposed its long-awaited environmental justice rule (the “Proposed Rule”). The Proposed Rule will impact permitting considerations on certain new and expanded facilities, and renewals of existing major source air permits located in New Jersey’s overburdened communities. The Proposed Rule would implement the requirements…
