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In a recent unpublished decision, In the Matter of Spill Fund Lien, DJ No. 129570-02, the Appellate Division held that the New Jersey Department of Environmental Protection (“NJDEP”), through the Spill Fund Administrator (the “Administrator”), could file a Spill Act lien against the property of a person in any way responsible for a discharged hazardous substance (“person in any way responsible”). The court also found that NJDEP’s “lien contest” guidance, the procedure for challenging Spill Act liens, satisfied procedural due process requirements. This decision removes a potential ground for challenging Spill Act liens, expands the universe of persons against whom a Spill Act lien can be filed, and may even expand the universe of persons against whom NJDEP can level treble damages claims.…
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On April 1, 2019, the New Jersey Department of Environmental Protection (“NJDEP”) proposed drinking water standards (known as maximum contaminant levels, or MCLs) for two PFAS – 14 parts per trillion (“ppt”) for PFOA and 13 ppt for PFOS. If the rule is promulgated, it will set the limit for the amount of each substance…

On March 25, 2019, the New Jersey Department of Environmental Protection (“DEP”) issued a Statewide PFAS Directive to a number of companies associated with the manufacture of poly- and perfluoroalkyl chemicals (“PFAS” which includes PFNA, PFOA and PFOS and other substances) and their replacement compounds.  Pursuant to the Directive, these companies are to reimburse DEP’s…

The New Jersey Department of Environmental Protection (NJDEP) has proposed to change Surface Water Quality Standards antidegradation designations for 749 miles of rivers and streams in New Jersey. The changes will heighten standards for regulated discharges to those waterbodies and extend the applicable Flood Hazard Area Control Act riparian development buffer from the current 150…

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…

A Department of Environmental Protection proposed regulation in the December 17, 2018 New Jersey Register, 50 N.J.R. 2480(a), will limit the public’s ability to learn the location of birds and animals “potentially capable of inflicting serious or fatal injuries or being a menace to public health…”  Pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1…

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).…

NJDEP has proposed major amendments to the Stormwater Management rules at N.J.A.C. 7:8. (50 N.J.R. 2375(a)).  One of those proposed amendments, if adopted, will prevent or severely limit a developer’s ability to incorporate non-structural stormwater management strategies such as stormwater detention basins in a development. Instead, the developer will be required to utilize “green infrastructure”…