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

The next time a government inspector comes to a business and inspects its dumpster, do not be surprised if the resulting legal problem involves both environmental and consumer fraud actions. During the last few years, a number of national corporations have found themselves in legal trouble because the inspector found both hazardous waste and customer

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

In a recent unreported opinion, the Appellate Division affirmed a trial court’s decision imposing Spill Act liability on the sole shareholder of a dry cleaning business. (Morris Plains Holding VF, LLC v. Milano French Cleaners, Inc., Dkt. No. A-0604-16T1.) The case serves as a reminder that shareholder status does not protect individuals who

It may be much harder to fill property in New Jersey.  In a recent decision, New Jersey Department of Environmental Protection v. Bleimaier, 2018 WL 1513152, (App. Div. 2018), the New Jersey Appellate Division in effect has held that the placement of more than five-yards of fill material always changes the existing topography and

In the latest chapter on the issue regarding public access to beaches and waterfronts, on February 5, 2018, the Senate Environment and Energy Committee passed a bill that attempts to codify public access requirements as it applies to NJDEP coastal permitting programs. S-1074 (1R) sponsored by Senators Smith and Bateman, requires that NJDEP issue any

On January 16, 2018, Governor Christie signed into law P.L.2017, c.325, which revised previous law concerning the use of recycled asphalt pavement (the “Act”).  The Act broadens the permissible methods that asphalt pavement can be reused.  Specifically, recycled asphalt pavement can be used as follows:

  1. Unbound in bedrock quarry reclamation;
  2. Unbound underneath a guardrail of