DuPont/Chemours Trial. On June 30, 2025, the next bench trial phase or “mini-trial” commenced in NEW JERSEY DEPARTMENT OF ENVIROMENTAL PROTECTION, ET AL., VS. E.I. DU PONT DE NEMOURS AND COMPANY, ET AL., Docket No....more
On June 30, 2025 the next bench trial phase or “mini-trial” commences in NEW JERSEY DEPARTMENT OF ENVIROMENTAL PROTECTION, ET AL., VS. E.I. DU PONT DE NEMOURS AND COMPANY, ET AL., Docket No. 19-cv-14766 (RMB/JBC) before the...more
To follow up our prior Environmental Blog discussing the proposed amendments to the Site Remediation Reform Act (SRRA) 2.0, another significant change relates to the remedial action permit (RAP) framework, aiming to...more
The New Jersey Department of Environmental Protection (NJDEP) is considering significant amendments to its site remediation regulations, which could have major consequences for commercial real estate transactions in New...more
Effective February 3, 2025, the New Jersey Department of Environmental Protection (NJDEP) adopted amendments to the Ground Water Quality Standards (GWQS), N.J.A.C. 7:9C. The amendments updated the groundwater quality criteria...more
In 2019, the New Jersey Department of Environmental Protection (NJDEP) brought suit against Dupont and 3M seeking clean-up, removal, and costs for what NJ officials claimed was more than 100 years of indiscriminate dumping of...more
The New Jersey commercial real estate industry is preparing for big statewide permitting changes slated to come into effect this summer. Under its controversial Resilient Environments and Landscapes (“REAL”) Rule, aimed to...more
In October 2024, the New Jersey Department of Environmental Protection (NJDEP) published a proposed rule (the “Proposed Rule”) that would amend its site remediation rules to codify and implement provisions of the legislation...more
On October 21, the New Jersey Department of Environmental Protection (NJDEP) published a Proposed Rule that would, among other things, amend the Administrative Requirements for the Remediation of Contaminated Sites, N.J.A.C....more
The New Jersey Department of Environmental Protection (NJDEP) is immersed in one of the most impactful rulemaking proceedings in the state’s history in an effort to implement regulatory changes to address and mitigate the...more
Recent anecdotal evidence suggests that the New Jersey Department of Environmental Protection (NJDEP) is restarting enforcement activities under a seldom-used consumer packaging law originally adopted in 1990: the Toxic...more
On June 5, New Jersey Gov. Phil Murphy signed long-contested legislation, S2930 (2024 OPRA Amendment), amending the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1, et seq. As most New Jersey environmental practitioners...more
NJDEP is tasked with a multitude of responsibilities including overseeing statewide environmental governance through the divisions of Water Resource Management, Air Quality Energy and Materials Sustainability, Contaminated...more
The New Jersey statute concerning real property and flood notifications, commonly referred to as the Flood Hazard Disclosure Law, was enacted on July 3, 2023. The law imposes certain disclosure requirements on both landlords...more
Last month, Governor Murphy signed a bill that affects the use of per- and polyfluoroalkyl substances (“PFAS”) in firefighting foam. The law, approved as P.L.2023, c.243 (Bill A4125 or S2712), accomplishes a few things: it...more
The New Jersey Department of Environmental Protection (NJDEP) published proposed amendments to the Ground Water Quality Standards (GWQS) on January 2, 2024. The rulemaking process is currently underway, and the new standards...more
On Jan. 2, the New Jersey Department of Environmental Protection (NJDEP) rang in the new year by publishing a Proposed Rule updating the Ground Water Quality Standards (GWQS) for 65 of the 73 constituents currently regulated...more
The New Jersey Department of Environmental Protection (DEP), through its Contaminated Site Remediation and Redevelopment (CSRR) program, recently published new administrative guidance to “formally encourage” the use of green...more
On April 17, the New Jersey Department of Environmental Protection (NJDEP) published its final Environmental Justice rules (EJ Rules). The EJ Rules stem from New Jersey’s first-of-its-kind Environmental Justice Law (EJ Law),...more
On Monday 17 April 2023, the New Jersey Department of Environmental Protection (the Department) published long-awaited environmental justice rules (EJ Rules). The final EJ Rules come more than two years after Governor Murphy...more
New Jersey’s Department of Environmental Protection (“NJDEP”) finalized its long-awaited Environmental Justice Rules (“EJ Rules”) by publishing them in the New Jersey Register on April 17, 2023. The EJ Rules implement New...more
On August 4, 2022, the New Jersey Department of Environmental Protection (“NJDEP”) filed suit against Monsanto Co., Pharmacia LLC and Solutia, Inc., seeking to hold them liable for PCB contamination throughout New Jersey....more
New Jersey’s landmark Environmental Justice Law, N.J.S.A. 13:1D-157 (“EJ Law”), signed by Governor Murphy in September 2020, authorizes the NJDEP to deny or condition certain permits based on an assessment of a “facility’s”...more