Legal Blogs and Updates

FERC New Climate Policy Impacts Under Review

The potential impacts from the climate policy changes to the Federal Energy Regulatory Commission (FERC) regulations continue to evolve. Public comments have been submitted by environmental groups, industry groups and states in response to the FERC's proposed climate policy changes to ...

United States Expands National Environmental Policy Act Reviews – More Scrutiny on Infrastructure and Development Anticipated

This week, the Council on Environmental Quality issued a final rule amending the National Environmental Policy Act (NEPA), effectively revoking changes made in 2020 by the Trump Administration that limited the scope of NEPA reviews. The rule is phase one of a two-part process, with ...

Caution Before the Storm

Recreational marijuana will be available for sale in New Jersey beginning tomorrow, Thursday, April 21st.

A few things for employers to remember:

  • Employers can require a drug- and alcohol-free workplace.
  • Employers can prohibit the use, consumption, being under the influence ...
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 ...

President Biden Signs the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (the “Act”) (otherwise known as the “#MeToo Bill”).  The Act amends the Federal Arbitration Act, and nullifies mandatory arbitration ...

The Potential Impact on the PERM Program of a New York City Law Requiring Employers to Disclose Salary Ranges in Job Postings

As of May 15, 2022, after a new equal pay transparency law enacted on January 15, 2022, New York City will join Colorado in requiring that employers disclose minimum and maximum salaries for all advertised jobs, promotions or transfer opportunities. This law would make failure to ...

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