The New Jersey Department of Environmental Protection (NJDEP) kicked off the week with publishing the long-anticipated, immediately effective Interim Soil Remediation Standards for four kinds of PFAS chemicals.  The following Q&A provides preliminary guidance on whether this might affect you and some helpful background information. What does this mean for a New Jersey property undergoing remediation and/or subject to an open ISRA case? As of October 17, 2022, any property in New Jersey that is undergoing remediation and/or subject to an open Industrial Site Remediation Act (ISRA) case ..read more

New Jersey has extended the deadline for businesses engaged in “soil and fill recycling services” to comply with key provisions of N.J.S.A. 13:1E-127, et seq., which was enacted on January 21, 2020 and is known as the ‘Dirty Dirt Law.’  The law requires businesses engaged in “soil and fill recycling services” to register as such and apply for the very strict and difficult-to-obtain A-901 license which was previously applicable only to waste haulers. Following confusion and controversy over the applicability of the Dirty Dirt Law, Governor Murphy signed Assembly Bill A4255 on July 5, 2022 ..read more

On December 13th, the New Jersey Departments of Environmental Protection and Agriculture introduced a joint “Natural and Working Lands Strategy Scoping Document” as part of the State’s climate change strategy. New Jersey has implemented a progressive and comprehensive climate change strategy over the past several years, including adopting a goal of reducing greenhouse gas emissions by 80% below 2006 levels by the year 2050 (the “80×50 Goal”). The newly issued Scoping Document focuses on “carbon sequestration” as a necessary component to achieving that goal. The document states that clean energ ..read more

The New York State Department of Environmental Conservation (NYSDEC) is updating its Petroleum Bulk Storage (PBS) and Chemical Bulk Storage (CBS) rules.   The PBS and CBS programs regulate facilities storing small to large quantities of petroleum and other chemicals, and related spills and releases of petroleum and hazardous substances.  The purpose of the updates is to harmonize the state programs with the federal regulations, as well as to provide more consistency between the state programs. The deadline to submit public comments has been extended to December 6, 2021.  Th ..read more

Upon passing the $1.2 trillion Infrastructure Investment and Jobs Act (H.R. 3684) last week, the Senate provided significant funding towards development of the nation’s environmental and energy infrastructure. The Infrastructure Act also streamlines environmental review, permitting, and approval of federal infrastructure projects. The Infrastructure Act includes funding for: Reinstatement of the Superfund Tax: The Superfund Tax is an excise tax on specifically listed chemical to fund cleanup at Superfund Sites. The Act reinstates the tax, which is projected to generate $14.4 billion over the ..read more

On Monday, the U.S. Supreme Court unanimously held that a settlement of Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)-specific liability is required to give rise to a contribution action under §113(f)(3)(B). This decision is the Court’s latest attempt to provide clarity to CERCLA by evaluating the United States’ often inscrutable interpretations of the statute that further its dual role as the enforcer of the statute and the largest potentially responsible party (“PRP”). In this case, the U.S. argued, and the D.C. Circuit agreed, that a 2004 Clean Water Act ..read more

The first 100 days of the Biden Administration saw a flurry of activities at the federal level seeking to address PFAS, a class of thousands of manmade chemicals notoriously known as Forever Chemicals because they don’t break down in the environment. Studies continue to report adverse health effects associated with exposure to PFAS, even at extremely small concentrations.  Studies are also increasingly finding high rates of PFAS in our everyday environment including drinking water, consumer and household products, food packaging, and more.  However, the United States Environmental Pr ..read more

As discussed in one of our earlier blogs, back in  March 2020, the U.S. Environmental Protection Agency (EPA) issued its controversial Enforcement Policy outlining certain situations where EPA would not pursue enforcement actions for specific instances of noncompliance in response to the COVID-19 pandemic. Most of the suspended obligations related to routine monitoring and reporting; settlement agreement and consent decree reporting obligations and milestones; control and treatment compliance; and the transfer and disposal of hazardous waste. As detailed in its June 29, 2020, Addendum, EP ..read more

For employers, both those expecting to reopen and those who remained open during the COVID-19 pandemic, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) has several guidance documents regarding COVID-19 and workplace safety.  Irrespective of this guidance, employers must comply with OSHA’s safety and health standards and regulations or where applicable, an OSHA-approved state plan.  Further, under Section 5(a)(1) of the Occupational Safety and Health Act, the “General Duty Clause,” employees must be provided with a workplace free from recognized hazard ..read more

As an update to last week’s post concerning Regional Greenhouse Gas Initiative’s (RGGI) new Strategic Funding Plan, the New Jersey Department of Environmental Protection (NJDEP), in celebration of Earth Day, announced that they will be investing an additional $45 million into the electrification of New Jersey’s transportation sector. The money will be used to reduce greenhouse gas emissions especially in those areas heavily impacted. The funds will be sourced from the national Volkswagen settlement and will be used as part of the Murphy Administration’s prioritization of initiatives that reduc ..read more