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  • Posts by Thomas Forrester Jr.
    Associate

    Thomas D. Forrester Jr. has a broad range of experience in the areas of environmental law, commercial litigation, construction, trade secret litigation and professional liability.

    As part of his environmental practice, Tom ...

EPA Redefines Waters of the U.S. — Again — in Bid to Promote Regulatory Consistency

The U.S. Environmental Protection Agency (EPA) is taking the next steps toward repealing the 2015 Obama Administration-era rule defining Waters of the United States in order to achieve its stated goal of increased regulatory certainty. The changes are expected to affect anyone who is ...

Governor Murphy Enacts “Clean Stormwater and Flood Reduction Act”

On March 18, 2019, Governor Murphy signed the Clean Stormwater and Flood Reduction Act. This act allows towns and counties to create municipal stormwater utilities, which would impose fees on property owners to pay for upgrades to local stormwater infrastructure. The intended purpose of ...

When it Rains it Pours: NJ Considers Enacting "Rain Tax"

The New Jersey Assembly and Senate have approved a bill titled the Clean Stormwater and Flood Reduction Act[1], which is designed to reduce flooding and water pollution. If enacted, this bill would allow counties and municipalities to create stormwater utilities, which will have the ...

Questions Continue to Swirl Around Groundwater and its Impact on the Waters of the US

The Supreme Court of the United States has asked the Trump Administration to weigh in on the question of whether the Clean Water Act applies to pollutants migrating through groundwater before ultimately reaching “waters of the United States.” This issue is being closely monitored by ...

Redefining Water: New Proposed Rule for Waters of the United States

The Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) have proposed a revised definition of “waters of the United States” that is intended to clarify, streamline and limit which waters are subject to federal regulations.

Specifically, the ...

EPA Issues Final 2016 Effluent Guidelines Program Plan

On May 2, 2018, the Environmental Protection Agency (EPA) issued the Final 2016 Effluent Guidelines Program Plan (Final 2016 Plan). Pursuant to the Clean Water Act (CWA), EPA must publish a plan for new and revised effluent guidelines every two years. EPA is also required under the CWA to ...

Fourth Circuit Affirms Government Immunity for Environmental Claims Under the Federal Tort Claims Act

The Fourth Circuit Court of Appeals recently affirmed a district court ruling that the residents of Frederick, Maryland cannot sue the United States under the Federal Tort Claims Act (FTCA) for injuries resulting from the U.S. Army’s alleged improper chemical disposal and remediation ...

The Trump administration is freezing 30 Environmental Protection Agency (“EPA”) rules until March 21, 2017, including standards concerning renewable fuel, formaldehyde emissions, oil and hazardous substances pollution, solid waste landfill permitting, pesticides, radon and ...

The New Jersey Department of Environmental Protection (NJDEP) recently reinforced its position on the May 2016 deadline to complete the remedial investigation of cleanup sites for cases open since 1999 or earlier. In anticipation of this deadline, the NJDEP also published earlier ...

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