Significant revisions to the remediation standards (N.J.A.C. 7-26D) were adopted by the New Jersey Department of Environmental Protection (NJDEP) on May 17, 2021. The rule includes:

  • A six-month phase-in period ending on November 17, 2021, except when the numeric standard has decreased by more than an order of magnitude.
  • Impact to Groundwater, Soil Leachate, and

The State of New Jersey issued a press release last month¹ that urges state-operated businesses to begin preparations now for a single-use plastics ban, which becomes effective on May 4, 2022.  The ban will include single-use carryout bags and polystyrene foam food-service products in stores and food-service businesses.  Starting Nov. 4, 2021, food service businesses

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

On April 6, 2020, the New Jersey Department of Environmental Protection (“NJDEP”) proposed substantial changes to the Remediation Standards at N.J.A.C. 7:26D, promulgated under the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1 et seq. (“Brownfield Act”). The proposal seeks to amend the existing Remediation Standards in a number of ways, many of which have

On May 2, 2020 Governor Murphy signed Executive Order No. 136 tolling several timeframes administered by DEP, as well as extending certain filing deadlines.

Beginning on March 9, 2020, all timeframes governing public notice, review, or final action on applications for, or renewals of permits, registrations, plans, petitions, licenses, rates, and other approvals under the

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

An unpublished Superior Court Appellate Division opinion (89 Water Street Associates, LLC v. Reilly, Docket No. A-3366-17T1, October 1, 2019), despite being non-precedential, will be instructive to lawyers handling commercial real estate transactions, land use issues, or environmental litigation arising from environmentally contaminated sites.  The opinion reversed the trial court’s order interpreting environmental

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,