The State of New Jersey continues its support of revitalizing brownfields with the enactment of the New Jersey Economic Recovery Act of 2020, P.L. 2020, c. 156, which was signed into law by Governor Murphy on January 7, 2021 (the
Environmental Law Blog
The Environmental Law Blog published by Chiesa Shahinian & Giantomasi PC focuses on legal developments and regulatory issues related to environmental protection and compliance. It covers topics such as state and federal environmental regulations, site remediation and contamination oversight, emerging contaminants like PFAS, environmental due diligence in real estate transactions, and enforcement actions by agencies like the EPA and NJDEP. The blog also addresses legislative changes impacting environmental practices, including waste reduction initiatives and sustainability programs. It provides updates on environmental liability, permitting, and policy shifts affecting industries and governmental entities in New Jersey and New York.
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What Real Estate Developers Need to Know About the 2020 New Jersey Brownfields Tax Credit
On January 7, 2021, New Jersey Governor Murphy signed the New Jersey Economic Recovery Act of 2020. P.L. 2020 c. 156. Included within the statute is the Brownfields Redevelopment Incentive Program Act. This section of the law creates a tax…
EPA Sets Termination Date for Temporary Policy Suspending Certain Monitoring and Reporting Requirements Due to COVID-19
On June 29, 2020, the EPA issued a memo notifying applicable members of the regulated community that effective August 31, 2020, it is terminating the temporary policy suspending certain monitoring and reporting requirements.
The controversial policy was originally put into…
NJDEP Proposes Amendments to Existing Remediation Standards
On April 6, 2020, the New Jersey Department of Environmental Protection (“NJDEP”) proposed substantial changes to the Remediation Standards at N.J.A.C. 7:26D, promulgated under the Brownfield and Contaminated Site Remediation Act, N.J.S.A. 58:10B-1 et seq. (“Brownfield Act”). The proposal seeks…
NJ Governor’s Executive Order 136 Tolls Timeframes for DEP Review & Extends Filing Deadlines
On May 2, 2020 Governor Murphy signed Executive Order No. 136 tolling several timeframes administered by DEP, as well as extending certain filing deadlines.
Beginning on March 9, 2020, all timeframes governing public notice, review, or final action on applications…
New Cases – Condemning Easements for Public Beach Access and Use
On April 16, 2020, the Appellate Division of the New Jersey Superior Court, the state’s intermediate appellate court, published three precedential opinions concerning the state’s condemnation of ocean-front property for access and use by the public. New Jersey, from Sandy…
Reflections from an Environmental Lawyer on the 50th Anniversary of NEPA
As we are all dealing with the impact of the ongoing COVID pandemic, it is important to remember that this year marks the 50th anniversary of the start of the Environmental Decade, which began in 1970. That year, the first…
Appellate Division Addresses Common Law Claims in DEP Enforcement Action
In a recent decision, the Appellate Division clarified DEP’s ability to recover damages for environmental contamination under common law, holding that (1) the Spill Act does not subsume common law claims, (2) strict liability may apply to oil refining and…
CSG Environmental Attorney, David J. Mairo, Featured in Envision Environmental’s “The Business of Environment” Podcast
David J. Mairo was featured on Envision Environmental, Inc.’s The Business of Environment podcast discussing how to strike an appropriate balance between the technical and legal sides of environmental issues such as site remediation, land use, real estate transactions and regulatory compliance…
Appellate Division Affirms DEP Renewal of Tier A MS4 General Permit
On March 18, 2020, the Appellate Division affirmed the Department of Environmental Protection’s November 9, 2017 decision to renew the Tier A municipal separate storm sewer system (MS4) general permit. (Delaware Riverkeeper Network v. NJDEP, Dkt. A-1821-17T3.) Stormwater discharges must…