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Recent news regarding elevated levels of a commonly used chemical in drinking water may have potentially greater implications for almost all public water supply systems.  PFAS (per- and polyfluoroalkyl substances), which have been identified as carcinogens, have been reported in 570 water systems, according to the Environmental Working Group (EWG) analysis of water utility data…

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?

In a recent unpublished decision, In the Matter of Spill Fund Lien, DJ No. 129570-02, the Appellate Division held that the New Jersey Department of Environmental Protection (“NJDEP”),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.…
Continue Reading Appellate Division Rules that “Persons in Any Way Responsible” Are Dischargers Under the Spill Act, Upholds NJDEP’s “Lien Contest” Process as Constitutional

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…