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

On November 8, 2021, Governor Murphy signed Assembly Bill A3352 (the “Bill”) requiring all new warehouses containing 100,000 square feet or more to reserve at least 40% of its roof space for the future installation of a solar facility. The Bill, which takes an important step towards achieving the 2019 Energy Master Plan goal of

We call to your attention NJDEP’s recently proposed amendments to its air regulations which raise questions as to whether fumigation and/or pesticide application operations, such as in office buildings, are to be subject to the detailed requirements of air permitting. Commercial building owners should review these proposed rules with their pesticide and fumigation contractors. If

With the distribution of vaccines to fight the COVID-19 pandemic underway, New Jersey is starting to see the light at the end of the tunnel.  At some point, the public health emergency will end, and the process of government will go back to normal.    Businesses and the regulated community, in general, need to start planning

Today, the New Jersey Board of Public Utilities (“NJBPU”) held an emergency meeting via conference call to consider a single emergency order responding to the COVID-19 pandemic. During today’s meeting, the NJBPU issued an order, effective today, mandating the following:

  • All public utilities and entities regulated by the NJBPU shall immediately cease any in-home or

Recent news regarding elevated levels of a commonly used chemical in drinking water may have potentially greater implications for almost all public water supply systems.  PFAS (per- and polyfluoroalkyl substances), which have been identified as carcinogens, have been reported in 570 water systems, according to the Environmental Working Group (EWG) analysis of water utility data

On June 10, 2019, the State of New Jersey released a draft of the 2019 New Jersey Energy Master Plan (the “EMP”) for comment.  If adopted, the EMP would be a seismic shift in New Jersey energy policy.  Quoting the draft plan, “New Jersey is embarking on a significant transition in its energy system, including

On September 5, 2018, the United States Third Circuit Court of Appeals (“Third Circuit”) rendered a decision that could potentially implicate the NJDEP permitting process in future Natural Gas Act and other federal permitting actions.

In Township of Bordentown, et al. v. FERC, No. 17-3207 (3rd Cir.  September 5, 2018), the Third Circuit

In the latest chapter on the issue regarding public access to beaches and waterfronts, on February 5, 2018, the Senate Environment and Energy Committee passed a bill that attempts to codify public access requirements as it applies to NJDEP coastal permitting programs. S-1074 (1R) sponsored by Senators Smith and Bateman, requires that NJDEP issue any