A recent decision by the state Appellate Division has affirmed the broad statutory authority of the New Jersey Department of Environmental (“NJDEP”) to oversee the remediation of contaminated sites and invoke compulsory direct oversight in remediation matters under the Site Remediation Reform Act (“SRRA”). In the matter of In Re New Jersey Department of Environmental Protection Direct Oversight Determination Against Solvay Specialty Polymers USA, Inc., Docket No. A-0635-20, Solvay Specialty Polymers USA, LLC (“Solvay”) appealed from a determination by the NJDEP that Solvay was subject to direc ..read more

As noted in CSG Law’s recent environmental blog post on January 10, 2023, the USEPA issued a final rule incorporating ASTM International’s E1527-21 Standard for the Phase I site assessment process. The final rule now sets forth an amended and updated set of standards by which Phase I assessments must be conducted and prepared in order to satisfy the All Appropriate Inquiry (“AAI”) requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). Among many other changes, the E1527-21 Standard, as now incorporated into EPA’s final rule, includes new, signi ..read more

On December 15, 2022, the United States Environmental Protection Agency (EPA) published a Final Rule for conducting Phase I Environmental Site Assessments. The Final Rule amends its All Appropriate Inquires (AAI) Rule referencing ASTM E1527-21 (and withdrawing reference to ASTM E1527-13) as satisfying the requirements for conducting AAI under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The EPA’s Final Rule is effective in 60 days, on February 13, 2023, and contains a one-year phase-out period of E1521-13(the prior ASTM standard) as satisfying the AAI Rule ..read more

Following up on the United States Environmental Protection Agency (EPA) September 6th publication of a proposed rule to designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS)(collectively known as, PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), on December 6th EPA issued guidance on how states can utilize National Pollutant Discharge Elimination System (NPDES) permit programs to monitor for PFAS discharges and, if detected, act to reduce them before they are discharged to wastewater treatment faci ..read more

A bill making its way through the New Jersey Legislature seeks to correct an unintended consequence of the single-use bag ban. Since the ban on single-use plastic bags began in May 2022, those who have their groceries delivered receive them in reusable bags for each delivery instead of single-use plastic bags. However, for this subset of consumers, those bags from prior deliveries effectively serve as single-use bags. This bill (S3114/A4741) would require grocery stores and third-party grocery delivery services that provide reusable bags for home delivery to provide a reusable bag takeback ser ..read more

While the Access Statute is a powerful tool in an environmental attorney’s toolbox, a recent court ruling by the New Jersey Appellate Division has restricted when that tool can be wielded. The New Jersey Appellate Division, in Solvay Specialty Polymers USA LLC v. Paulsboro Refining Company LLC “(Solvay v. PRC”), has confirmed that a party must establish that access is “reasonable and necessary “before a court should grant access to another’s property. The access statute, N.J.S.A. 58:10B-16 (the “Access Statute”), authorizes a remediating party to seek an order from the Superior Court in a summ ..read more

On September 6, 2022, the United States Environmental Protection Agency (USEPA) published a proposed rule to designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund. These two per- and polyfluoroalkyl substances (PFAS) have been linked to various adverse health effects, including cancer, and can accumulate and persist in the environment and human body for long periods of time (hence their nickname as “forever” chemicals). PFOA and ..read more

For more than 200 years, the Lower Hackensack River (“River”) has been a hub for industrial operations in and around Bergen and Hudson Counties. More recently, concentrations of various contaminants in excess of EPA cleanup standards have been found in the sediment lying on the riverbed. According to EPA, concentrations of polyaromatic hydrocarbons (“PAHs”), polychlorinated biphenyl compounds (“PCBs”), and various metals – including arsenic, chromium, lead, and mercury – are present in surface and subsurface sediments stretching from the Oradell Reservoir all the way to Newark Bay. For referen ..read more

On June 6, 2022, the New Jersey Department of Environmental Protection (“NJDEP”) proposed its long-awaited environmental justice rule (the “Proposed Rule”). The Proposed Rule will impact permitting considerations on certain new and expanded facilities, and renewals of existing major source air permits located in New Jersey’s overburdened communities. The Proposed Rule would implement the requirements of the groundbreaking environmental justice legislation (the “EJ Law”) enacted September 18, 2020 (N.J.S.A. 13:1D-157 et seq.). The Proposed Rule has significant implications for certain facilitie ..read more

Bill S2515, signed into law last month, establishes recycled content requirements starting in 2024 for certain plastic, glass and paper packaging and bans polystyrene packing peanuts. Starting in 2024, rigid plastic containers will be required to contain at least 10% postconsumer recycled content, while plastic beverage containers will need to contain at least 15%.  But that’s just the beginning.  Thereafter, the rates of postconsumer recycled content will incrementally increase, until a cap of 50% is reached by 2036 and 2045, respectively.  The new law also establishes: a 35 ..read more