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Court Denies Pre-Enforcement Review of NJDEP Direct Oversight Determination

March 22, 2023

The New Jersey Supreme Court has long recognized a presumption of judicial review of administrative action grounded...

EPA Proposes New PFAS Reporting Requirements for the Toxic Release Inventory

March 8, 2023

The U.S. Environmental Protection Agency (“EPA”) released a proposed rulemaking in December to add per- and polyfluoroalkyl...

“Additive Limitations:” Regulations May Clarify Clean Water Act Jurisdiction Ahead of Sackett Decision

January 6, 2023

On December 30, 2022, at a time that can only be described as temporally adjacent, even actually...

NJDEP Proposes Significant Changes to Inland Flood Hazard Area Regulations

October 31, 2022

The New Jersey Department of Environmental Protection (“NJDEP”) has announced that it will propose an Inland Flood...

NJDEP Adopts Interim Soil Remediation Standards for PFAS

October 18, 2022

The New Jersey Department of Environmental Protection (“NJDEP”) published interim soil and soil leachate remediation standards for...

Access Denied: Court Prevents Use of Access Statute to Identify Off-Site Discharger

October 12, 2022

Remediating parties often need to enter onto another’s property to investigate and remediate contamination that has migrated...

No Discharge, New Problem: NJDEP Files Another Spill Act Suit Against Product Manufacturer Who Was Not a Discharger

September 13, 2022

NJDEP continues to assert a novel theory of Spill Act liability in a suit against the manufacturer...

A New Emphasis on MARPOL is a 2023 World Maritime Theme

August 31, 2022

A New Emphasis on MARPOL is a 2023 World Maritime Theme: An example of its environmental impact...

Are You Insured? What Property Owners Need to Know Before Allowing Environmental Work

July 14, 2022

Property owners that allow access to their property for environmental work often seek to be included as...

NJDEP Issues Proposed Regulations to Implement Environmental Justice Law

June 13, 2022

With the issuance of proposed regulations, businesses seeking to comply with New Jersey’s Environmental Justice Law just...

Developers Beware: Emergency Flood Hazard Rule Adoption Will Have Immediate Impacts

June 1, 2022

In a surprising move, the New Jersey Department of Environmental Protection (“NJDEP”) intends to amend Flood Hazard...

Manufacturers Who Sold Hazardous Substances to a Discharger Could Face Spill Act Liability

May 4, 2022

In the decades since its adoption in the 1970s, the New Jersey Spill Compensation and Control Act...

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