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Does a Remediation Settlement with a State Protect Against Subsequent CERCLA Claims? Third Circuit Weighs In

October 21, 2020

If a potentially responsible party settles its environmental liability with the State of New Jersey, or another...

A Preliminary Assessment of the Plague Year: How COVID May Interfere with Environmental Due Diligence and Liability Protections in New Jersey

September 30, 2020

The extraordinary events of 2020 have disturbed settled expectations in all areas of business and life, and...

Prompt Action Required in New Jersey to Obtain Permit Extensions During COVID-19 Emergency

August 5, 2020

Update: The New Jersey Department of Environmental Protection (the “NJDEP”) published a notice in the New Jersey...

New Jersey Moves Again to Include Environmental Justice in Permitting Process

July 15, 2020

Update: Governor Phil Murphy signed this legislation into law on September 18, 2020, and NJDEP began stakeholder...

NJDEP’s Common Law Natural Resource Damage Claims Are “Back in Business” Once Again as Defendants Now May Face Jury Trials

June 25, 2020

In August 2018, the New Jersey Department of Environmental Protection (“NJDEP”) declared that environmental enforcement was “back...

DOJ Policy Invalidates Special Environmental Projects in Settlements but Private Parties May Have Other Options

May 28, 2020

Recently, the Justice Department eliminated the use of supplemental environmental projects (“SEPs”) in United States Environmental Protection...

NJDEP Proposes Significant Changes to Remediation Standards for Cleanup of Contaminated Sites

April 28, 2020

On April 6th, the New Jersey Department of Environmental Protection (“NJDEP”) proposed major revisions to the existing...

COVID-19 and Environmental Remediation: Guidance and Practical Tips on Whether Remediation is “Essential”

April 10, 2020

New Jersey and many other states continue to issue directives outlining which businesses may continue to operate...

USEPA Exercises Enforcement Discretion in Response to the COVID-19 Pandemic

March 31, 2020

In response to the COVID-19 pandemic, the United States Environmental Protection Agency (“USEPA”) has decided to exercise...

Who Pays When Remediation Goes Wrong? A Federal Court’s Evaluation of Contractor Liability

March 26, 2020

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”) has been a prodigious generator of...

Attention NJ Developers: NJDEP Adopts Amendments to Stormwater Management Rules Requiring the Use of Green Infrastructure

March 11, 2020

Last year, the New Jersey Department of Environmental Protection (“NJDEP”) proposed significant changes to the State’s Stormwater...

Governor Murphy Launches Broad Regulatory Reform to Protect Against Climate Threats

February 12, 2020

Governor Phil Murphy took a groundbreaking step toward reducing greenhouse gas emissions and addressing climate change threats...

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