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Legal Blogs and Updates

Posts from April 2022.
FERC New Climate Policy Impacts Under Review

The potential impacts from the climate policy changes to the Federal Energy Regulatory Commission (FERC) regulations continue to evolve. Public comments have been submitted by environmental groups, industry groups and states in response to the FERC's proposed climate policy changes to ...

United States Expands National Environmental Policy Act Reviews – More Scrutiny on Infrastructure and Development Anticipated

This week, the Council on Environmental Quality issued a final rule amending the National Environmental Policy Act (NEPA), effectively revoking changes made in 2020 by the Trump Administration that limited the scope of NEPA reviews. The rule is phase one of a two-part process, with ...

Caution Before the Storm

Recreational marijuana will be available for sale in New Jersey beginning tomorrow, Thursday, April 21st.

A few things for employers to remember:

  • Employers can require a drug- and alcohol-free workplace.
  • Employers can prohibit the use, consumption, being under the influence ...
EPA Accepting Comments on Proposed National Priorities List Superfund Sites, Including Hackensack River

On March 17, 2022, the Environmental Protection Agency (EPA) proposed that five new sites, including the Lower Hackensack River and the Brillo Landfill in Victory, New York, be added to the National Priorities List. The EPA is currently accepting comments on these proposed listings ...

The Fight Over Federal Jurisdiction Continues - U.S. Supreme Court Hears Arguments Seeking to Limit Jurisdiction Over Wetlands

This week, the United States Supreme Court heard arguments in a case concerning the scope of federal jurisdiction under the Clean Water Act. The case, brought by private landowners in Idaho, may ultimately determine the test to be applied when development is proposed in or near wetlands ...

U.S. Highest Court Reinstates Trump Administration Water Rule

The Supreme Court of the United States has temporarily reinstated the Trump-era water rule limiting the scope of the Environmental Protection Agency’s enforcement under the Clean Water Act.  The 2020 Navigable Waters Protection Rule provided a new—more narrow—definition of ...

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