On Friday, August 23, 2019, Gov. Murphy signed into law an amendment to New Jersey’s 2009 Site Remediation Reform Act (SSRA)—a law that privatized many responsibilities previously handled by the New Jersey Department of Environmental Protection (NJDEP) concerning the remediation of contaminated sites. The SSRA created what is called the Licensed Site Remediation Professional (LSRP) program; LSRPs are experienced, private sector environmental professionals that are licensed by the state and hired by Responsible Parties (RPs) to direct and oversee environmental investigations and remedial action in …Continue Reading
As previously addressed in the Environmental Law Monitor, lead was found in Newark, New Jersey’s water supply. The city has now attempted to assuage fears by providing water filters to residents in affected areas. According to the EPA, that isn’t enough, and the city has begun offering water bottles to concerned residents after a sample demonstrated that filters are not sufficiently removing lead from drinking water.
On Friday, the EPA sent a letter to the city and state advising bottled water usage for residents …Continue Reading
In conjunction with the Social Science Environmental Health Research Institute of Northeastern University, the non-profit watchdog organization Environmental Working Group (EWG) published last week an updated version of their interactive map documenting alleged sites of PFAS contamination in the United States. It purports to chart 610 locations in 43 states that have reported known contamination with PFAS chemicals, potentially affecting the drinking water of approximately 19 million people. A prior version of the map issued in July 2018 documented only 172 contaminated sites in 40 …Continue Reading
In a split decision, a bipartisan four-commissioner panel of the Federal Energy Regulatory Commission (FERC) approved an application by Transcontinental Gas Pipe Line Co. LLC for a construction certificate. Transco plans to upgrade several portions of a pipeline that serves the northeast region of the country, including parts of New York City and New Jersey.
Specifically, the project involves construction of approximately 14 miles of pipeline in Pennsylvania, New Jersey, and Queens County, New York, 23 miles of offshore pipeline near Queens and Staten Island, …Continue Reading
Recently, we reported that the United States District Courts for the Middle District of Pennsylvania and the District of New Jersey granted a consortium of natural gas companies the right of eminent domain to take steps towards building the PennEast pipeline to connect natural gas sources in Pennsylvania to parts of New Jersey.
As the next development in this project’s complicated legal track, the Third Circuit Court of Appeals issued a stay to temporarily stop any physical construction from beginning on the pipeline in New …Continue Reading
Recently, the United States District Courts for the Middle District of Pennsylvania and the District of New Jersey almost simultaneously granted a consortium of natural gas companies the right of eminent domain to take steps towards building a pipeline connecting natural gas sources in Pennsylvania to parts of New Jersey.
The opinions, which were released within three days of one another, involved challenges by local residents, environmental groups, and governmental agencies who argued that because certificates of approval had not yet been issued by the …Continue Reading
A multistate coalition of Attorneys General, including California, Illinois, Maryland, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, and Vermont; and the California Air Resources Board, joined to file comments demanding that the U.S. Environmental Protection Agency (EPA) withdraw its proposed rule delaying by four years implementation of a regulation that would reduce emissions from landfills.
The regulation at issue, known formally as the 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfill, was designed to reduce landfill emissions of carbon dioxide, methane …Continue Reading
In PPG Industries, Inc. v. United States of America, et al., the District Court in New Jersey recently found in favor of the government in a CERCLA contribution action.
PPG Industries, Inc. (plaintiff) sued the United States, the Department of Defense, and the Department of Commerce (defendants) for (1) cost recovery and contribution under CERCLA and for remediation assistance under the Resource Conservation and Recovery Act (RCRA).
The plaintiff owned property in Jersey City, New Jersey and operated a chromite ore processing plant from …Continue Reading
The City of Newark, NJ has been battling an aging and decaying infrastructure for years. More specifically, Newark’s aging water supply and service line infrastructure is one of many challenges it, and other similarly situated cities face.
The issue of lead in drinking water captured the nation’s attention several years ago with the heath crisis that impacted (and is still impacting) Flint, Michigan. The concern involving drinking water quality and excessive lead levels is, however, far from limited to that region.
Last year, Newark reported …Continue Reading
Just a few days ago, the U.S. House of Representatives’ Judiciary Committee — in a tight split — voted to support a bill that seeks to target the slow pace of the permitting process for infrastructure and development projects that require review by federal agencies. The bill, named the “Permitting Litigation Efficiency Act,” is expected to impose limits on federal review of projects, i.e., an apparent two-year deadline for federal agencies to determine whether a project can go forward. Other points of the act …Continue Reading