A recent decision by the state Appellate Division has affirmed the broad statutory authority of the New Jersey Department of Environmental Protection (“NJDEP”) to oversee the remediation of contaminated sites and invoke compulsory direct oversight in remediation matters under the
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The Next Phase of AAI: Start Thinking About PFAS
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…
EPA update: AAI requirements must also be complied with by purchasers of contaminated property under state law to achieve “innocent purchaser” status
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…
EPA Guidance Empowers States to Reduce PFAS Contamination through NPDES Programs
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…
Too Many Delivery Bags? Proposed Amendments Would Let You Return or Recycle Reusable Grocery Bags
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…
Use of the Access Statute Not a Slam Dunk
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…
N.J. ethics committee: Lawyers can use cannabis and invest in canna-businesses
On September 21, 2022, the Advisory Committee on Professional Ethics issued Opinion 744, advising that lawyers may both (a) use regulated cannabis and (b) operate or invest in a regulated cannabis business, without violation of RPC 8.4(b) (regarding attorney…
N.J. ethics committee: Lawyers can use cannabis and invest in canna-businesses
On September 21, 2022, the Advisory Committee on Professional Ethics issued Opinion 744, advising that lawyers may both (a) use regulated cannabis and (b) operate or invest in a regulated cannabis business, without violation of RPC 8.4(b) (regarding attorney…
Upcoming Deadline for Comments to USEPA’s Proposed Rule Designating PFOA and PFOS as CERCLA Hazardous Substances
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 Lower Hackensack River Has Been Added to EPA’s National Priorities List – A Big Cleanup is Coming (Eventually)
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…