The United States Supreme Court agreed today 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 groundwater conduit. By taking
Environmental Law
The Environmental Law blog published by Cole Schotz P.C. covers legal developments and regulatory updates related to environmental compliance, remediation, and sustainability. It addresses topics such as soil and groundwater contamination, state and federal environmental regulations, licensing requirements for waste and soil recycling, carbon sequestration strategies, and infrastructure funding impacting environmental projects. The blog also discusses litigation and transactional issues involving environmental liabilities, permitting, and enforcement actions. It serves as a resource for businesses, developers, environmental consultants, and legal professionals navigating environmental laws and policies, particularly in jurisdictions like New Jersey and New York.
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Why Energy is Key to the Emerging Cannabis Industry
Often forgotten in the rush to expand the cannabis industry is the environmental impact of indoor cultivation operations and environmental considerations for the engineering and design of cultivation facilities. This article will briefly address environmental impacts of cannabis cultivation, specifically…
Emerging Contaminants Update: Recent Activity in New Jersey, Massachusetts, for PFOA and PFOS Regulations
What are PFOA and PFOS?
Remember when everyone was in a tizzy about using Teflon or other non-stick cookware? That had to do with the chemical PFOA (perfluorooctanoic acid), which is one of the most commonly found and most studied…
The Waters of the United States Saga Continues: Trump’s Administration Proposes Rule Today to Replace Obama’s Clean Water Rule
The jurisdictional reach of the federal 1972 Clean Water Act, which hinges on the definition of “navigable waters” or the “waters of the United States,” has been the subject of hot debate, consternation and interpretation – with plenty of litigation,…
Second Wave of Environmental Enforcement Lawsuits Filed in New Jersey Today: Murphy Administration Takes More Steps Forward on Environmental Justice, Natural Resource Damages
On the heels of the six environmental enforcement lawsuits they filed in August, New Jersey Attorney General Gurbir S. Grewal and NJDEP Commissioner Catherine R. McCabe announced eight brand new environmental enforcement lawsuits filed today. The suits relate to…
Safe Digging Will Not Put You in a Financial Hole
The odds of OSHA showing up at your worksite have increased for construction employers engaged in excavation and trenching. OSHA recently announced an update to its National Emphasis Program (“NEP”) to prevent trenching and excavation collapses after a spike in…
Property Owners Damaged by Contamination Have Limited Time to Recover Common Law Damages
Property owners who suffer damages as a result of contamination must be aware of time limitations to recover damages. A New Jersey appellate court recently upheld the rule that, unlike recovery of cleanup costs in contribution actions under the New…
New Tax Law May Make Some Environmental Settlements More Costly
The Tax Cuts and Jobs Act of 2017 makes it harder to take tax deductions for some payments to governmental entities. The change may impact settlements between private entities and federal, state and local environmental agencies. In most cases, it…
Proposed Changes to CERCLA/Superfund, Brownfield Redevelopment Projects – Trump’s Infrastructure Plan Impacts More Than Planes, Trains, & Automobiles
On February 12, 2018, the Trump Administration released its much-anticipated Infrastructure Plan. While the bulk of the more than 50-page document proposes a wide array of funding and reforms for various infrastructure programs, as well as ways to streamline…
New Jersey to Rejoin Regional Greenhouse Gas Initiative (RGGI): The New Administration Already Means Changes to Climate Change Policies
New Jersey’s new governor signed an executive order yesterday directing his acting Department of Environmental Protection commissioner, Catherine McCabe, and Board of Public Utilities President Joseph Fiordaliso to begin negotiations with current state members of the Regional Greenhouse Gas Initiative…