The Third Circuit has affirmed the dismissal of a Clean Water Act (CWA) citizen suit because the plaintiff failed to provide the defendants with adequate notice of the basis of the claim. Adequate notice is a procedural hurdle to citizen suit actions intended to provide defendants with an opportunity to correct CWA violations prior to

New Jersey’s Global Warming Response Act (GWRA) requires an 80% statewide reduction of greenhouse gas emissions by 2050. The building sector accounts for approximately 25% of emissions, primarily from natural gas and fuel oil used for heating. Achieving the 80% emissions reduction goal is impossible without substantially reducing emissions from buildings.

New Jersey’s Energy Master

The Appellate Division’s recent unpublished decision in Meyer v. Constantinou (April 16, 2021; Dkt. No. A-1793-18) affirmed the exclusion of an environmental expert report as a net opinion for ignoring key facts without sufficient reason. The decision also affirmed the trial court’s finding that dry cleaners are not abnormally dangerous and therefore not subject to

Supplemental Environmental Projects (SEPs) are projects included in enforcement settlements that provide environmental or public health benefits related to the violations being resolved. SEPs have been used as an element of federal environmental settlements since the 1980s. Regulators like that SEPs encourage settlement and result in tangible environmental benefits. The regulated community likes the community

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

On March 18, 2020, the Appellate Division affirmed the Department of Environmental Protection’s November 9, 2017 decision to renew the Tier A municipal separate storm sewer system (MS4) general permit. (Delaware Riverkeeper Network v. NJDEP, Dkt. A-1821-17T3.) Stormwater discharges must be permitted by DEP. General permits streamline the permitting process by avoiding the

Note, February 27, 2020: The NJDEP has made available licensing registration forms referenced in our original blog post that must be submitted by any entity engaged in “soil and fill recycling services” by April 20, 2020.  NJDEP also issued  a guidance document and FAQs.  These documents can be found here.  

On January 21, 2020,

On October 29, 2019, New Jersey Governor Phil Murphy signed Executive Order 89 which creates a Climate and Flood Resilience Program within the Department of Environmental Protection. A Chief Resilience Officer will lead the program and develop, within 180 days, a scientific report that addresses the anticipated environmental effects of climate change on New Jersey

In August, the New Jersey Supreme Court took the extraordinary step of vacating an arbitration decision that denied payment from New Jersey’s Spill Fund for damage allegedly caused by oil spills during Superstorm Sandy. That decision, US Masters Residential Property (USA) Fund v. NJDEP, highlights the critical importance of clearly communicating expert testimony to the tribunal.
Continue Reading Environmental Arbitration Decision Vacated Because Arbitrator Excluded Sampling Reports and Misperceived Facts

On August 23 2019, New Jersey Governor Phil Murphy signed into law A5293, which amends the Site Remediation Reform Act (SRRA). The amendments are wide ranging and include exemptions from direct oversight, authorization to use surety bonds as remediation funding sources, and a requirement that the person responsible for conducting the remediation respond to public inquiries regarding the status of a remediation.
Continue Reading New Jersey’s SRRA Amended: What’s Changed?