Legal Updates

Posts in Environmental.
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 ...

SEC Climate Proposal Threatens to Inflict Companies with Burdensome New Disclosures

On March 21, 2022, the U.S. Securities and Exchange Commission issued a rule proposal that, if adopted, would impose new climate-related disclosure requirements on publicly traded companies. The rule would require these “registrants” to disclose information on climate risks and ...

State Announces Deadline Extensions and Other Changes Pertaining to the Dirty Dirt Law

On March 16, 2022, the New Jersey Department of Environmental Protection (“NJDEP” or the “Department”) announced changes relevant to the so-called “Dirty Dirt Law.” These changes include certain deadline extensions as well as clarifications on handling of soil and fill ...

Court Issues an Order Vacating and Remanding Navigable Waters Protection Rule – A New Twist to the Continually-Evolving Rule and Its Impact on Property Owners

During Donald Trump’s presidency, the Environmental Protection Agency (EPA) limited the scope of its enforcement under the Clean Water Act by implementing the 2020 Navigable Waters Protection Rule (2020 Rule), which provided a new—more narrow—definition of “waters of the ...

Return of Superfund Tax

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly referred to as Superfund, provides broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment ...

Acting Commissioner LaTourette Maps Out Plans for the NJDEP

On January 16, 2021, Shawn LaTourette became New Jersey’s Acting Commissioner of the Department of Environmental Protection (NJDEP). Two weeks into office, Acting Commissioner LaTourette attended the Commerce and Industry Association of New Jersey’s (CIANJ) virtual ...

Army Corps of Engineers Finalizes New Rule for Nationwide Permits

On January 5, 2021, the U.S. Army Corps of Engineers (the Corps) released a new final rule for its nationwide permits (NWPs) program, which is designed to help protect the aquatic environment and the public interest. Under Section 404 of the Clean Water Act and Section 10 of the Rivers and ...

Getting Rid of the “Once in, Always in” Policy –EPA Finalizes Rule Allowing Flexibility in Reclassifying a Facility’s Hazardous Air Polluter Status

On October 1, 2020, the U.S. Environmental Protection Agency (EPA) finalized a rule that will now allow facilities classified as “major source” polluters under the Clean Air Act the flexibility to reclassify their status as less prolific polluters. The EPA believes the new rule will ...

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