Legal Updates

Posts in Environmental.
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 ...

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 ...

Coal Ash Rule Relaxation

The United States Environmental Protection Agency (EPA) has finalized an initial set of revisions governing coal ash disposal for utilities and power plant operators.  Utilities and power plants will now be allowed to have more time to close coal ash ponds and landfills, and delay the ...

Stormwater Bill to Create New Utilities, New Fees

In an effort to address significant stormwater flooding and pollution in the state, on June 21, 2018 the New Jersey Senate passed bill S-1073, which will allow for broad local regulation of stormwater runoff, including creation of stormwater utilities and necessary infrastructure. The ...

Highlights from DEP Commissioner McCabe on NJ Environmental Policy

Connell Foley was proud to host CIANJ's  program featuring newly minted  New Jersey Department of Environmental Protection (DEP) Commissioner Catherine McCabe. Commissioner McCabe provided the regulated community with insight into what to expect under Governor Murphy -- a focus on ...

Emerging Contaminants:  Property Owners and Licensed Environmental Professionals Take Notice

The United States Environmental Protection Agency (USEPA) and individual states are examing per-and polyfluoroalkyl substances (PFAS) in an attempt to establish new cleanup standards, which will affect both ongoing and previously completed cleanups at contaminated sites. In order to ...

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 ...

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 ...

Murphy Orders DEP to Provide Guidance on Environmental Justice

On April 20, 2018, Governor Murphy issued Executive Order No. 23 (the “Order”), which strengthens the administration’s commitment to protecting the environment while emphasizing the importance of environmental justice. Environmental justice focuses on ensuring residents of ...

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