Environmental UPDATE June 2010
Title:
Environmental UPDATE June 2010
Publication:
The June 2010 Riker Danzig Environmental UPDATE
Attorneys:
Practice:
The Shifting Drivers for Domestic Climate Change Policy
Implementation of Water Quality Management Planning Rules Delayed
Reporting Requirements for Emissions of Greenhouse Gases
NJDEP Convenes Stakeholders on Site Remediation Reform
- Near Term Priorities - Identifying information gaps or training needs as necessary to ensure effective implementation of the program and developing training and materials for the regulated community, lenders, insurers, LSRPs and other consultants.
- Measures of Success - Identifying performance metrics that can be used to assess the strengths and weaknesses of the program.
- Tech Regs - Identifying the best approach and construct for technical regulations needed to implement a full LSRP program.
- Guidance documents - Drafting protocols, practices, and actions, based on science and field experience, to address technical aspects of remediation. Draft documents will be circulated to a wider audience for review prior to implementation.
Obligation to Clean-up Found to Survive Prior Bankruptcy
NJDEP in Transition
U.S. Supreme Court Resolves Interpretation of “Principal Place of Business” for Diversity Jurisdiction Analysis
Legislative Update
SIGNED INTO LAW BY THE GOVERNOR
- S-3137 - Extends the expiration date of certain permits to December 31, 2012. Extensions are determined pursuant to the "Permit Extension Act of 2008."
- A-4341 - Authorizes increased grant funding to local governments for site remediation and redevelopment of contaminated property for renewable energy projects.
- S-3040 - Provides for covenant not to sue by operation of law upon issuance of no further action letter in certain circumstances relating to site remediations.
- S465 - Requires Board of Public Utilities (“BPU”) to increase credit provided when issuing Solar Renewable Energy Certificates to owners using solar equipment manufactured in New Jersey.
- S1236 - Prohibits NJDEP from mandating public access to tidal waterfront areas adjacent to critical infrastructure or requiring the purchase or improvement of off-site locations for this purpose.
- S1314 - Directs the BPU to determine whether the electric generation service market in this state is competitive and to submit a report to the Governor and the Legislature.
- S1357 - Exempts contaminated and industrially-zoned sites from affordable housing rules.
- S1406 - Establishes "New Jersey Property Assessment Clean Energy (NJ PACE) Municipal Financing Program."
- A2464 - Requires that all State agency rules be published in the New Jersey Register, and prohibits the use of regulatory guidance documents except under certain circumstances.
- A2029 - Requires a weekly update of the known contaminated site database.
- A2063 - Allows the regulation of small wind energy systems by municipalities.
- A188 - Establishes in NJDEP the Environmental Science Review Board and Environmental Policy Review Board to review proposed environmental regulations for consistency with planning policies and science.
- A1629 - Prohibits issuance of NJDEP permits or approvals for activities associated with offshore drilling for oil or natural gas.
- A1662 - Requires a report and public hearing prior to the recommendation of NJDEP to include a site on the Superfund list.
NJDEP Update
New Commissioner of the New Jersey Department of Environmental Protection