On March 1, 2019, the National Park Service proposed revisions (FR Document 2019-03658) to the regulations governing the National Register of Historic Places (“National Register”).  The proposal is controversial and has sparked concern within the historic preservation community. Pursuant to Section 106 of the National Historic Preservation Act, a Federal action that encroaches upon a National Register-listed historic property or a property eligible for such requires the Federal agency proposing the encroachment to work with…
In answer to the question above, the answer is no as shown by a recent case.  In  National Parks Conservation Association v. Semonite, 916 F.3d 1075 (D.C. Circuit, 2019), the Army Corps of Engineers (Corps) was, in effect, reprimanded and overruled for its decision to allow the construction of electrical transmission towers and lines across a river Congress had earlier recognized as America’s Founding River.  Virginia’s James River runs past a number of historic properties…
On April 1, 2019, the New Jersey Department of Environmental Protection (“NJDEP”) proposed drinking water standards (known as maximum contaminant levels, or MCLs) for two PFAS – 14 parts per trillion (“ppt”) for PFOA and 13 ppt for PFOS. If the rule is promulgated, it will set the limit for the amount of each substance that is permitted in drinking water systems and would be the most stringent in the nation for these compounds (New…
On March 29, 2019 the New Jersey Board of Public Utilities (“BPU”) released the final Community Solar Energy Pilot Program Application Form (the “Application”) and announced the Application period opens on April 9, 2019 at 9:00 A.M. and closes on September 9, 2019 at 5:00 P.M. The form is substantially the same as the form released for comment in November 2018, however, there are some changes, including modifications to the scoring system. It is important…
On March 25, 2019, the New Jersey Department of Environmental Protection (“DEP”) issued a Statewide PFAS Directive to a number of companies associated with the manufacture of poly- and perfluoroalkyl chemicals (“PFAS” which includes PFNA, PFOA and PFOS and other substances) and their replacement compounds.  Pursuant to the Directive, these companies are to reimburse DEP’s past and future costs of investigating, monitoring, testing, treating, and remediating New Jersey’s drinking water and waste systems, private drinking…
Are you in a case where an on-site and off-site groundwater plume of dry-cleaning solution (perchloroethylene or PCE) or other hazardous substance is intersected by sewers through which the used and disposed solution flowed?  If so, the case of Mission Linen Supply v. City of Visalia (2019 WL 446358) bears your close review. Based on the facts and expert testimony adduced at the bench trial, the court determined that: 1) the sewers were installed by…
The New Jersey Department of Environmental Protection (NJDEP) has proposed to change Surface Water Quality Standards antidegradation designations for 749 miles of rivers and streams in New Jersey. The changes will heighten standards for regulated discharges to those waterbodies and extend the applicable Flood Hazard Area Control Act riparian development buffer from the current 150 feet to 300 feet. The buffer restricts development and excludes sewer service for development. Antidegradation designations provide three levels of…
New Jersey continues to lead the country in the effort to regulate so-called “Forever Chemicals,” the family of chemicals known as perfluoroalkyl and polyfluoroalkyl substances (“PFAS”) found to be prevalent in drinking water supplies around the country due to their high solubility, mobility and persistence in water.  PFAS are found in many household products, and they have been used in various industrial applications – including electroplating, metal finishing, adhesives, paints and many coatings.  PFAS are…
On April 20, 2018, Governor Murphy signed Executive Order 23. In the order, Governor Murphy concluded that New Jersey’s low-income communities and communities of color have been exposed to disproportionately high and unacceptably dangerous levels of air, water, and soil pollution, and that the State should focus its efforts on promoting environmental justice. Accordingly, the order, among other things, directed the New Jersey Department of Environmental Protection and the Department of Law and Public Safety…
A Department of Environmental Protection proposed regulation in the December 17, 2018 New Jersey Register, 50 N.J.R. 2480(a), will limit the public’s ability to learn the location of birds and animals “potentially capable of inflicting serious or fatal injuries or being a menace to public health…”  Pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (OPRA), the public may obtain government records unless otherwise exempted.  Other than the owner of a particular property…