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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 ...

Final Rule Issued Regarding Implementation of the National Environmental Policy Act

This week, the White House Council for Environmental Quality issued a final rule revising how agencies implement the National Environmental Policy Act (NEPA) in reviews of environmental projects and permitting application. Business groups believe that the final rule will streamline the ...

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. 

NJ Publishes Formal Drinking Water and Ground Water Quality Standards for PFOA and PFOS

Under rules published this week in the New Jersey Register, the New Jersey Department of Environmental Protection (NJDEP) has formally established maximum contaminant levels (MCLs) of 14 ppt for perfluorooctoanic acid (PFOA) and 13 ppt for perfluorooctane sulfonic acid (PFOS). The 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 ...

U.S. Supreme Court Rules That the Clean Water Act May Regulate Pollution Traveling Through Groundwater

On April 23, 2020, the United States Supreme Court issued a decision in the County of Maui, Hawaii v. Hawaii Wildlife Fund et al. matter, finding that the Clean Water Act may regulate pollution traveling through groundwater. The Court also found that the Ninth Circuit Court of Appeals applied ...

U.S. Supreme Court Rules CERCLA Does Not Preclude State Law Claims 

On April 20, 2020, the United States Supreme Court issued a decision in the Atlantic Richfield Co. v. Christian et al. matter, finding that federal law under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) does not preempt suits under state law for ...

EPA Issues Interim Guidance Regarding Cleanups During COVID-19 Crisis

The U.S. Environmental Protection Agency (EPA) issued interim guidance late last week to its regional offices regarding environmental cleanups being conducted during the COVID-19 crisis. The EPA has indicated that this cleanup work is considered "essential" and must be continued in ...

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