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WOTUS Woes Continue

U.S. Supreme Court Articulates New Test for Determining Whether Wetlands Are Protected Under the Clean Water Act - On May 25, the U.S. Supreme Court in Sackett v. EPA clarified the scope of the “waters of the United...more

New Jersey Seeks Comment On Carbon Sequestration Strategy In Natural and Working Lands

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...more

Environment And Energy Get A Front Seat In The 2021 Infrastructure Act

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...more

U.S. EPA Issues Enforcement Discretion Guidance As COVID-19 Challenges The Regulated Community

The U.S. Environmental Protection Agency (EPA) has announced that it will temporarily exercise enforcement discretion, retroactive to March 13, 2020, in response to certain facility and operational non-compliance situations...more

Help Me Help You: NJDEP Explains Common Deficiencies That Delay Issuance Of Ground Water Remedial Action Permits

The New Jersey Department of Environmental Protection (NJDEP) recently issued a summary of several groundwater guidance documents in an effort to address deficiencies that delay the issuance of Ground Water Remedial Action...more

NJEDA Announces New Funding Source For Brownfields Redevelopment Projects

The New Jersey Economic Development Authority (NJEDA) just announced that it has created a new loan program to provide low-interest financing for the remediation of brownfields sites. The new program, called the Brownfields...more

Clean Water Act Jurisdiction Expansion? Supreme Court Takes Up Circuit Court Debate Over Groundwater Discharges To Navigable...

The United States Supreme Court agreed to consider the issue of whether a Federal Clean Water Act (“CWA”) permit is required for discharges of pollutants from point sources that reach CWA navigable waters through a...more

An Empty Seat at the Table: Sovereign Immunity Bars Pre-Spill Act Liability

Earlier this week, the New Jersey Supreme Court clarified in NL Industries, Inc. v. State of New Jersey, (A-44-15) (March 27, 2017), that the State of New Jersey retains its sovereign immunity under the New Jersey Spill...more

Court “Un-Laches” Backdoor Defense to Spill Act?

After the NJ Supreme Court Finally Closed the Door on The Statute of Limitations Defense To NJ Spill Act Contribution Claims, Laches Emerges as a Possible Backdoor Defense. The Bergen County Superior Court issued a...more

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