On September 6, 2022, the United States Environmental Protection Agency (USEPA) published a proposed rule to designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund.

These two per- and polyfluoroalkyl substances (PFAS) have been linked to various adverse

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

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

On June 29, 2020, the EPA issued a memo notifying applicable members of the regulated community that effective August 31, 2020, it is terminating the temporary policy suspending certain monitoring and reporting requirements.  

The controversial policy was originally put into place on March 26, 2020 to address issues related to compliance due to the COVID-19

The United States 8th Circuit Court of Appeals recently decided that a tire company and its affiliate could be held liable under the Comprehensive Environmental Response, Compensation and Liability Act at 42 U.S.C. § 9601 et seq. (“CERCLA”) for selling property knowing that the contaminated buildings thereon would be demolished.  Dico, Inc. (“Dico”) owned

New Jersey continues to lead the country in the effort to regulate so-called “Forever Chemicals,” the family of chemicals known as perfluoroalkyl and polyfluoroalkyl substances (“PFAS”) found to be prevalent in drinking water supplies around the country due to their high solubility, mobility and persistence in water.  PFAS are found in many household products, and

On April 20, 2018, Governor Murphy signed Executive Order 23. In the order, Governor Murphy concluded that New Jersey’s low-income communities and communities of color have been exposed to disproportionately high and unacceptably dangerous levels of air, water, and soil pollution, and that the State should focus its efforts on promoting environmental justice. Accordingly, the

The EPA’s 2014 cooling water rule for existing power plants (40 C.F.R. pts. 122, 125) has survived challenges from both environmental and industry groups. The Second Circuit Court of Appeals upheld the contentious rule which allows for, among other things, case-by-case determinations of best technology available (BTA) required for minimizing adverse environmental impacts from cooling

On Monday, the United States Environmental Protection Agency (“EPA”) issued a Compliance Advisory Update announcing the implementation of streamlined changes to the Hazardous Waste Manifest submission process.  Pursuant to the Hazardous Waste Electronic Manifest Establishment Act, beginning on June 30, 2018, EPA will launch a new e-Manifest system nationwide, allowing Hazardous Waste Manifests to be

Can groundwater discharges violate the Clean Water Act and require NPDES permits?  Two federal court cases coming out of the 4th and 9th Circuits dealing with the applicability of the Clean Water Act (CWA) to groundwater are creating real concern over how expansive the court’s holdings and application of the Act can be.  The decisions