This week, there are two cases before the Supreme Court of the United States that environmental and energy attorneys and other industry stakeholders should be watching closely. The cases cover a broad range of concerns – including the CERCLA statute of limitation, eminent domain, sovereign immunity, and the 11th Amendment – and are as

In fiscal year 2019, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) conducted 33,401 more inspections than in the previous three years, which includes a notable increase in chemical exposure cases.

While inspections are increasing significantly, in 2019 OSHA reduced certain electronic reporting requirements which had been implemented by the Obama administration

In an unpublished decision, the Appellate Division of the Superior Court of New Jersey recently ruled that the NJDEP was required, but failed, to undertake formal rulemaking before imposing liability under several NJDEP regulations that govern radon measurement and mitigation activities.  NJDEP v. Radiation Data, Inc., Docket No. A‑1777‑17T3 (N.J. App. Div. Oct. 9, 2018).

The Appellate Division of the Superior Court of New Jersey recently (in an unpublished opinion) applied the six year statute of limitations (“SOL”) for tortious injury to real property in barring plaintiff’s claim for permanent diminution in the value of its property. 320 Associates, LLC v. NJ Natural Gas Co., Docket No. A-1831-16T2 (N.J. App.

A recent Court Decision by the United States Court of Appeals for the Second Circuit held there is no time limitation on OSHA’s ability to look back at prior citations in order to classify a new citation as a repeat citation and thereby seek a larger penalty. The issue in Triumph Construction Corporation v Secretary