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

Recently, the Cannabis Regulatory Commission (“CRC”) announced that it would begin accepting applications for Class 1 (cultivator), Class 2 (manufacturer), and Test Laboratory licenses under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act on December 15, 2021. Class 5 (retailer) license applications will be accepted beginning March 15, 2022. Although the details

Marijuana cultivation is, at its core, an agricultural endeavor, requiring large amounts of energy and water to nurture and grow the raw product. Through this series of blog posts, I have considered some of the environmental regulatory issues that may arise with respect to this growing industry. But what about the environmental impacts of marijuana

New York and New Jersey are just beginning to grapple with the regulatory controls that will be placed on the states’ budding cannabis industries. Questions arise as to how each state will regulate the industry from an environmental perspective. Over the last few weeks, I have presented blog posts discussing generally the kinds of issues

I recently blogged about the various kinds of environmental regulatory issues I anticipate will emerge in New York and New Jersey as each state’s cannabis industry blooms. In that post, which you can find here, I identified cannabis waste disposal as a complex environmental issue that each state will be expected to address as

In recent months, New York and New Jersey have both technically legalized the commercial cultivation and sale of recreational marijuana within each respective state. Along with this new legal landscape will come a flurry of regulations directing the means by and the manner in which such cultivation and sale may take place. Often overlooked in

On April 6, 2020, the New Jersey Department of Environmental Protection (“NJDEP”) proposed substantial changes to the Remediation Standards at N.J.A.C. 7:26D, promulgated under the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1 et seq. (“Brownfield Act”). The proposal seeks to amend the existing Remediation Standards in a number of ways, many of which have

In a recent decision, the Appellate Division clarified DEP’s ability to recover damages for environmental contamination under common law, holding that (1) the Spill Act does not subsume common law claims, (2) strict liability may apply to oil refining and storage operations, (3) the Public Trust Doctrine does not confer sufficient property rights to support

An unpublished Superior Court Appellate Division opinion (89 Water Street Associates, LLC v. Reilly, Docket No. A-3366-17T1, October 1, 2019), despite being non-precedential, will be instructive to lawyers handling commercial real estate transactions, land use issues, or environmental litigation arising from environmentally contaminated sites.  The opinion reversed the trial court’s order interpreting environmental

In December 2019, a bill to amend New Jersey’s A-901 licensing program cleared two hurdles in the Assembly on its way to a full floor vote and possible presentment to the Governor. New Jersey Senate Bill 2306 (Assembly Bill 4267), which unanimously cleared the Senate in June, seeks to amend existing law to require background checks for “a broader range of persons” participating in the State’s solid waste industry.

In response to a heavy infiltration of organized crime into the solid-waste transportation industry, the Legislature put into place in 1984 a legal and regulatory framework under which businesses seeking to enter the solid-waste industry as a transporter, facility, or broker must clear several hurdles in order to operate. Among those hurdles is the time-consuming A-901 approval process, which generally requires would-be market participants to submit to criminal background checks, fingerprinting, and annual disclosure statements in order to obtain and maintain a license to operate in the solid-waste industry in New Jersey. Unsurprisingly, there are exceptions to that general rule, most notable of which is that the A-901 approval process does not currently apply to businesses engaged in recycling operations. There are also other limited exceptions to the A-901 approval process, such as for self-generators of solid waste.
Continue Reading New Jersey Legislature Considering Bill to Amend A-901 Applicability