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Legal Blogs and Updates

  • Posts by Ryan Benson
    Associate

    Ryan Benson focuses on environmental and real estate and land use law. He assists clients on a wide range of related issues, including permitting (e.g., freshwater wetlands, flood hazard area and waterfront development), sewer ...

Newly Published Notice Triggers Permit Extension Act Registration Deadline

On September 8, 2020, the New Jersey Department of Environmental Protection (NJDEP) published a notice indicating that all State and local approvals eligible for extension under the Permit Extension Act of 2020 (the Act) — not just eligible NJDEP approvals—must be registered with ...

Governor Signs Permit Extension Bill into Law

On July 1, 2020, New Jersey Governor Phil Murphy signed into law the “Permit Extension Act of 2020” (Assembly Bill No. 3919). The new law extends many governmental permits, approvals and deadlines to address delays caused by the COVID-19 crisis, as explained below. 

The statute ...

NJDEP Modifies Public Notice Language for Certain Permits Due to COVID-19

The New Jersey Department of Environmental Protection (NJDEP) has temporarily changed its standard public notice language for permits issued pursuant to the Coastal Zone Management Rules, the Freshwater Wetlands Protection Act Rules, and the Flood Hazard Area Control Act Rules. 

Governor Murphy Extends Deadlines of Various Environmental Statutes; Permit Delays Expected

On May 2, 2020, Governor Murphy signed Executive Order No. 136 (EO 136), which extends the deadlines of certain State environmental statutes for the duration of the COVID-19 public health emergency, tolling current permitting approval timeframes such that it is expected to cause ...

NJDEP Modifies Certain Site Remediation Rules Due to COVID-19

On April 24, 2020, the New Jersey Department of Environmental Protection (NJDEP) adopted a Temporary Rule Modification (the Modification) affecting its Administrative Requirements for the Remediation of Contaminated Sites (ARRCS) and its Technical Requirements for Site ...

EPA Proposes Revisions to Coal Combustion Residual Rule; Public Comments Accepted Until Mid-October

Last month, the United States Environmental Protection Agency (EPA) took further action that will impact electric utilities and other parties that handle Coal Combustion Residual (CCR), i.e., fly ash, bottom ash, boiler slag, and flue gas desulfurization materials resulting when coal is ...

The Renewable Energy Production Tax Credit Is Still Available, But Not For Long

An important window of opportunity for wind energy developers is closing fast.  Specifically, the federal government’s renewable energy production tax credit (“PTC”) expires on December 31, 2019.

The PTC is an inflation-adjusted, per-kilowatt-hour tax credit for electricity ...

Governor Murphy Signs Bill Advancing Renewable Energy Agenda

On May 23, 2018, New Jersey Governor Phil Murphy signed into law a bill that boosts the Garden State’s renewable energy economy.  Directly impacting utilities as well as the renewable energy sector, the bill requires that by 2020, 21 percent of the energy sold in New Jersey must be from Class I ...

ITC Decision on Solar Cell Imports Could Impact Domestic Solar Industry as a Whole

A judgment issued by the U.S. International Trade Commission on September 22, 2017 could have significant ramifications for the U.S. solar industry. In a unanimous decision, the Commission found that solar cell imports are causing serious injury to the domestic solar cell market. The ...

On May 2, 2017, the United States Environmental Protection Agency (“EPA”) sent to the White House Office of Management and Budget (“OMB”) a proposed rule that would repeal the 2015 Clean Water Rule, also known as the Waters of the United States Rule (“WOTUS Rule”). The WOTUS Rule ...

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