The Third Circuit has affirmed the dismissal of a Clean Water Act (CWA) citizen suit because the plaintiff failed to provide the defendants with adequate notice of the basis of the claim. Adequate notice is a procedural hurdle to citizen
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NJDEP Proposes Rules Implementing Landmark Environmental Justice Law Which Will Change the Paradigm of Environmental Permitting in Overburdened Communities
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…
NJ Leading by Example on Recycling
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…
New York Accelerates Building Decarbonization. Will New Jersey Adopt Similar Timelines?
New Jersey’s Global Warming Response Act (GWRA) requires an 80% statewide reduction of greenhouse gas emissions by 2050. The building sector accounts for approximately 25% of emissions, primarily from natural gas and fuel oil used for heating. Achieving the 80%…
Think Green V: Cannabis Siting and the Ghosts of Historic Uses
Recently, the Cannabis Regulatory Commission (“CRC”) announced that it would begin accepting applications for Class 1 (cultivator), Class 2 (manufacturer), and Test Laboratory licenses under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act on December 15, 2021.…
Governor Murphy Signs Bill With Implications for New Warehouse Development in New Jersey
On November 8, 2021, Governor Murphy signed Assembly Bill A3352 (the “Bill”) requiring all new warehouses containing 100,000 square feet or more to reserve at least 40% of its roof space for the future installation of a solar facility. The…
Winds of Change: Recent Updates to the Biden Administration’s Ambitious Offshore Wind Plan
On October 13, 2021, the Biden Administration announced its plan to develop seven major offshore wind farms on the East and West coasts and in the Gulf of Mexico. These projects are part of President Biden’s plan to deploy 30…
New Funding Available to Combat Harmful Algal Blooms
On September 24, 2021, Governor Murphy signed a new law, effective immediately, that will allocate $10 million for lakes in New Jersey impacted by harmful algal blooms (P.L.2021, c.225). The law calls for the New Jersey Department of Environmental Protection…
Just When You Thought Your Cleanup Was Done—NJDEP Issues New Guidance on Contaminants of Emerging Concern
On August 5, 2021, the New Jersey Department of Environmental Protection (“NJDEP”) issued updated guidance on how remediating parties and Licensed Site Remediation Professionals need to address Contaminants of Emerging Concern (“CECs”). The guidance documents address timeframes for addressing CECs,…
Think Green IV: The Environmental Costs of a New Industry
Marijuana cultivation is, at its core, an agricultural endeavor, requiring large amounts of energy and water to nurture and grow the raw product. Through this series of blog posts, I have considered some of the environmental regulatory issues that may…